Custody & Visitation
California Child Custody Orders
Learn the basics of how custody orders work in California family law cases. Whether you're requesting, responding to, modifying, or terminating child custody orders, this page explains the different types of custody the court may order.
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Overview: Child Custody & Visitation
Custody & Visitation: Introduction
Once separated, parents with minor children may agree on a child custody/visitation schedule between themselves. If an agreement cannot be reached, then the Court may decide these issues based on what the Court views is in the best interest of the child. This schedule includes both where the children will spend their time (physical custody/ visitation) and who makes the decisions for the children (legal custody).
Custody key terms, at a basic level:
Child Custody refers to the rights and responsibilities between parents as it relates to their children.
Visitation (aka parenting time) refers to how and when each parent will spend time with their children.
Courts often refer to child custody and visitation collectively as the “parenting plan.” Courts encourage parents to agree between themselves the details of a parenting plan for their children. However, when parents who are involved in court proceedings that concern the custody of minor children cannot mutually agree on a parenting plan, then the court will step in and make orders on the parenting plan to be followed.
What does “parenting plan” mean?
Please note the difference between physical custody and visitation.
Physical custody pertains to whether a child lives solely with one parent or spends varying periods of time with both parents, whereas
Visitation pertains to the specific days and times that the child(ren) spends with each parent.
(California Family Code § 3011, § 3100–3105)
2. Types of Custody Orders
Legal Custody
Who makes important, long-term decisions about the child’s upbringing and welfare, such as:
Where do they go to school?
What sports or activities do they do?
Where do they receive healthcare and under whose insurance?
What religion do they practice?
Joint Legal Custody: (Family Code Section 3003)
Means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
Sole Legal Custody (Family Code section 3006)
Means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.
Sole Decision-Making Responsibility
In some cases, parents can request sole decision-making responsibility over a specific type or set of issues. If the court grants a parent sole decision-making responsibility over an issue such as healthcare, for example, that means that that parent can make decisions regarding their child’s healthcare that he or she believes to be in the child’s best interest without having to first consult with, or get permission from, the other parent.
Physical Custody
In whose household(s) the children live.
Joint Physical Custody (Family Code section 3004)
Means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents.
Sole Physical Custody
Means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.
Primary Physical Custody
The children live primarily with one parent (i.e., more than 50% of the custodial time).
Visitation
Want to learn more about visitation? See our California Visitation Orders page below.
3. How Do I Get Child Custody Orders?
In California family law cases, parents can request child custody and visitation orders through several types of legal proceedings, such as:
Parentage (paternity) Actions
Divorce (Dissolution of Marriage)
Legal Separation
Domestic Violence Restraining Orders (DVRO)
If no court orders currently exist:
A parent can ask the court to make initial custody and visitation orders by filing the appropriate forms for their case type.
Mediation (Child Custody Recommending Counseling)
Before a California judge can issue new or change existing custody or visitation orders, the parents are usually required to attend mediation, also called Child Custody Recommending Counseling (CCRC).
California Family Code § 3170: Requires mediation when parents cannot agree on custody or visitation.
Mediation: Common Questions
What is Meditation?
Mediation is a confidential meeting with a neutral counselor (often a mental health professional or court-connected mediator) whose job is to help parents work out a custody and visitation plan that supports their child’s best interest.
Is meditation free?
Mediation is typically free and scheduled by the court after the family law case involving requests for child custody and visitation orders is filed.
If an agreement is reached during meditation:
In many counties, if you reach an agreement, the counselor can help you write it up and submit it to the court for approval.
If no agreement is reached during meditation:
In “recommending counties”, if no agreement is reached, the counselor may write a report with custody and visitation recommendations for the judge. These recommendations are not final but are often given significant weight in the court’s decision.
Parentage (Paternity) Case
Before a court in California can issue child custody or visitation orders for unmarried parents, parentage must be legally established. A parentage case (sometimes called a “paternity” case) determines who the child’s legal parents are.
California Family Code §§ 7600–7730: Governs parentage proceedings.
When is a parentage case required?
If you were not married or in a registered domestic partnership when your child was born, the court needs to establish legal parentage through a judgment before making any custody or support orders.
Parentage can be established by any of the following:
DNA Testing
Agreement
A prior declaration of parentage
Establishing parentage protects both the child's rights (like inheritance or access to health insurance) and the parents’ rights (such as the ability to request custody or visitation).
4. Modification Requests through a Request for Order (RFO)
How do I modify an active child custody and visitation order?
If the child custody and visitation orders were issued under a Domestic Violence Restraining Order:
Modification requests for child custody and visitation orders issued under a Domestic Violence Restraining Order are made using the Request to Change or End Restraining Order (form DV-300)
Otherwise:
If you already have an active custody or visitation order, and your circumstances have changed, you can ask the court to change the order by filing a Request for Order (form FL-300).
Common reasons for modifying an order include:
A change in work schedule, housing, or availability
A parent relocating or planning to move
Concerns about a child’s safety or well-being
A child’s changing needs or preferences (if age-appropriate)
What happens after filing?
The other party must be served with a copy of the Request for Order and supporting documents.
Both parties will usually be required to attend child custody mediation (CCRC) before the hearing.
At the hearing, the judge will consider the child’s best interest under Family Code § 3011, which includes factors like the child’s health, safety, and emotional needs.
Is there any specific timeframe required?
There is no mandated waiting period to request a modification. However, the court will consider whether there has been a substantial change in circumstances since the last order was made. The primary consideration is always the best interest of the child, focusing on their health, safety, and welfare.
Important note: Once a judge signs a new order, it replaces the old one. Keep copies of all updated orders for school, child care, and exchanges.
5. Safety Considerations in Child Custody Orders
Courts handle visitation where there are allegations or findings of abuse with Fam Code § 3044: Presumption and Supervised Visitation
Restraining orders, convictions for domestic violence, and allegations of domestic violence can impact how the court issues child custody and visitation orders. For more information about DV and child custody, read the Court’s breakdown of California Family Code section 3044.
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Family Code 3044 states that a judicial finding of domestic violence against a parent (i.e., when a judge grants a permanent domestic violence restraining order or a parent is convicted of criminal domestic violence charges) creates a rebuttable presumption against ordering joint custody between parents, where one of the parents is the abuser, and against granting sole physical or legal custody to said parent.
If the court issues custody, visitation, or support orders as part of a DVRO after notice and hearing, those orders remain in effect even after the restraining order ends, unless they are modified or terminated by a separate court order.
This is codified in California Family Code § 6340(a)(1), which states:
"If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order."
6. Relevant Statutes
Relevant statutes relating to Child Custody and Visitation are listed and described below. If you have further questions about a specific Family Code/Statute, click on the code number listed in the dropdown description to see more information on California's legislative system. If you would like to see more statutes that U Do It Legal details, click the “See Key Statutes” button at the bottom of the menu.
Relevant California Child Custody and Visitation Statutes (Law)
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Presumptions Against Custody for Domestic Violence Perpetrators: Family Code section 3044
If a parent has committed domestic violence against their spouse or children, the law typically assumes that granting that parent sole or joint custody is not in the best interest of the child. This assumption stands unless shown otherwise through a preponderance of evidence.
Note, in the context of Family Code Section 3044, "preponderance of the evidence" means that it is more likely than not that the facts being asserted by the party are true. This standard is often described as requiring that the evidence be sufficient to make it more likely than not that the claim is true, or that the evidence on one side outweighs the evidence on the other side. This standard is less stringent than "beyond a reasonable doubt," which is used in criminal cases, but more demanding than "clear and convincing evidence.”
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Parents are Equally Entitled to Custody: Family Code section 3010
This section states that both parents are equally entitled to the custody of the child (except in cases where one parent is dead, is unable or refuses to take custody, or has abandoned the child).
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Policy Favoring Frequent and Continuing Contact with Children: Family Code section 3020(b)
The court favors ensuring that children have frequent and continuing contact with both parents, so long as it is in the best interest of the child’s health, safety, and welfare.
Best Interests of Children Standard: Family Code section 3011This section outlines the factors that the court considers when determining what is in the best interest of the child.
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Court Response to Allegations of Child Abuse: Family Code section 3027
If the court receives allegations of child abuse, including sexual abuse, the court has the power to take any temporary actions it deems necessary to protect the child’s safety until an investigation can be completed.
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This section outlines the factors used to determine which state has jurisdiction over a case in an interstate custody matter.
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Best Interests of Children Standard: Family Code section 3011
This section outlines the factors that the court considers when determining what is in the best interest of the child, including, but not limited to:
The health, safety, and welfare of the child (the court’s top priority).
Any history of abuse by either parent (or anyone seeking custody) against the child, the other parent, a current romantic partner, or other close family or household members.
The nature and amount of contact the child has with both parents (the court generally favors frequent and continuing contact with both, unless unsafe).
The habitual or continued illegal use of controlled substances or alcohol by either parent.
Any other factors the court finds relevant to the child’s well-being.
7. Free Court Forms
All court forms listed below are free to use for your own legal purposes.
Child Custody and Visitation: California Judicial Council Forms (Court Forms)
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DV-105: In instances in which the party seeking protection, also known as the Petitioner, is requesting a restraining order to protect his/her child/children from the other parent, he/she can use form DV-105, the Request for Child Custody and Visitation Orders, to request child custody and visitation orders. Child Custody refers to the rights and responsibilities between parents for taking care of their children. Visitation (aka parenting time) refers to how and when each parent will spend time with the children, whether that time will be unsupervised or supervised.
We know that this process can be overwhelming, so our packages provide an in-depth explanation of child custody, visitation, and child support issues so that each party can make informed decisions about their case.
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DV-108: In instances in which the party seeking protection, also known as the Petitioner, is requesting a restraining order against their child or children’s other parent, they can use this form to request that the restrained party, also known as the Respondent, be prohibited from traveling with the children in order to prevent child abduction. More specifically, the form allows the Petitioner to choose whether they would like to restrict the Respondent’s travel with the children at the county, state, or international level, and it allows the Petitioner to describe the reasons why the Respondent might pose a flight risk.
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FL-105: This is an essential document in California family law proceedings involving child custody and visitation. Parents are required to complete this form to provide comprehensive details about their children, including their names, ages, and all residences over the past five years. This information assists the court in establishing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines the appropriate court system for custody decisions.
The form also includes sections for disclosing any related legal matters, such as previous or ongoing custody cases or restraining orders, and details about any third parties who may also claim custody or visitation rights. This ensures that the court has all necessary information to make informed decisions about the children's welfare and legal jurisdiction.
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FL-311: Parents that separate need to agree between themselves, or have a court decide and order who the children will live with (physical custody), how and when each parent will spend time with their children (visitation), and how parenting decisions will be made for their children (legal custody). This is the essence of child custody and visitation. Our packages provide an overview of child custody and visitation and the possible orders that can be requested, but at a basic level:
Child Custody refers to the rights and responsibilities of parents for taking care of their children.
Visitation (aka parenting time) refers to how and when each parent will spend time with the children.
Parties in a divorce or parentage case can use this attachment form to request and outline their preferred child custody and visitation orders.
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FL-341C: Parties in a divorce, parentage, DVRO, or other family law case can use this attachment form to outline holiday and vacation schedules and limitations as a part of their larger custody and visitation arrangement (aka, the parenting plan).
