Child Custody and Visitation

Key Terms

  • 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.  

  • 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 that 50% of the custodial time)

  • Scheduled time a noncustodial parent or other person (like a grandparent) is permitted to spend with a child.

    In other words, visitation is a plan for how the parents will share time with their children.

  • The parent that has primary care, custody, and control of the child(ren).

  • Visitation that takes place in the presence of a neutral third party, usually ordered when there are safety concerns.

    Professional Supervised Visitation:
    Supervised visits that take place under the observation of a trained, neutral third party who is paid to monitor the visits.

    • The supervisor must meet specific qualifications outlined in California Standards of Judicial Administration, Standard 5.20.

    • They are typically required to complete background checks, training, and follow formal protocols during visits.

    • Professional supervisors document the visits and can be called to testify in court if needed.

    • Examples: Private supervised visitation agencies, licensed visitation monitors, or professional individuals certified to provide supervision services.

    Nonprofessional Supervised Visitation:
    Supervised visits that are monitored by a nonpaid adult, usually a family member, friend, or acquaintance agreed upon by the parents or appointed by the court.

    • The nonprofessional supervisor must generally be a responsible adult who can reliably ensure the child's safety during visits.

    • They do not have to meet formal training requirements but must understand their responsibilities and agree to follow the court’s orders regarding supervision.

    • Courts often caution parties that using nonprofessional supervisors may be less reliable or pose complications if disagreements arise.

  • A legal action in California to determine who a child's legal parents are.

    (Required before custody and visitation orders can be made if parents are unmarried.)

  • Required in California custody cases before a judge makes a decision. Parents meet with a neutral counselor to try to agree on a plan.

    (Many courts now call this CCRC, and in some counties, the mediator can make recommendations to the judge.)

  • Request for Order (RFO):
    An RFO is a formal way to ask a family court judge to make a decision or change an existing court order (e.g., custody, visitation, support).

    It is the main tool parties use to request temporary orders while a divorce, parentage, custody, support, or domestic violence case is ongoing — or even after final judgment when circumstances change.

    When a party files an RFO, they are asking the court to schedule a hearing where both sides can present their arguments, and the judge can make a legally binding decision.

    Ex Parte (Custody) Requests:

    An ex parte request is a legal procedure where a party asks the court to make emergency orders without giving full advance notice to the other party, or with very short notice.

    In family law, ex parte requests are used when immediate action is needed to prevent harm, protect someone's safety, or address urgent issues involving children or critical family matters.

    Common reasons for filing an ex parte request in family court include:

    • Seeking emergency child custody or visitation changes because of immediate danger to a child

    • Requesting temporary restraining orders

    • Preventing a parent from wrongfully removing a child from the state or country

    The party requesting emergency orders must show that immediate injury, irreparable harm, or a threat to a child’s safety would occur without swift court action.

Child Custody and Visitation

This video describes the process of requesting child custody and visitation orders during a Domestic Violence Restraining Order (DVRO) proceeding in California. The video briefly outlines custody types, court considerations for visitation schedules, and notes that these orders can be adjusted or finalized later as the parties’ and their children’s circumstances evolve.

Relevant California Child Custody and Visitation Statutes (Law)

  • 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.”

  • 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).

  • 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 3011

    This section outlines the factors that the court considers when determining what is in the best interest of the child.

  • 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.

  • This section outlines the factors used to determine which state has jurisdiction over a case in an interstate custody matter.

  • 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.

FREE California Judicial Council Forms (Court Forms) for Child Custody and Visitation

  • 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.

  • 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.

  • 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.

  • 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.

  • 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).

  • Domestic Violence Restraining Order Court Forms

    Find the custody and visitation court forms you may need for Domestic Violence Restraining Orders between the parents of minor children, including forms to ask for child custody, visitation schedules, and related protective orders.

    See DVRO Forms

  • Parentage / Paternity Court Forms

    Access the court forms needed to request custody, visitation, and child support orders in parentage/paternity cases (for unwed parents).

    See Parentage Forms

  • Dissolution of Marriage or Domestic Partnership (Divorce) Court Forms

    View the custody and visitation forms commonly used in divorce cases, including requests for temporary custody orders and parenting plans during or after the divorce process.

    See Divorce Forms

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