How to Get Custody of a Child in California — California Family Law

How to File for Child Custody in California

How to get custody of a child in California depends on whether you are married to the other parent. If you are married and filing for divorce or legal separation, your custody request is included in your Petition for Dissolution of Marriage (form FL-100) and the court will make custody orders as part of the overall divorce proceeding. If you are not married to the other parent, you file a separate Petition for Custody and Support of Minor Children (form FL-260) in the Superior Court of the county where the child has lived for the past six months.

After filing the custody petition, you must have it personally served on the other parent. The other parent then has 30 days to file a response. Once the response is filed, the case proceeds to the next stage, which typically includes mandatory mediation through Family Court Services before any contested custody hearing. The court will set a hearing date at which both parents can present their positions and the court will make temporary orders governing custody and parenting time during the pendency of the case. Final custody orders are entered after either a negotiated settlement or a contested trial.

The Best Interests of the Child Standard

California courts determine custody using the best interests of the child standard set out in Family Code section 3011. This standard looks at: the health, safety, and welfare of the child; any history of abuse by one parent against any child or against the other parent; the nature and amount of contact with both parents; habitual or continual illegal use of controlled substances, or habitual or continual abuse of alcohol, by either parent; and any other factor the court considers relevant. The court cannot give preference to either parent on the basis of the parent's sex -- child custody for fathers and child custody for mothers is evaluated under identical legal standards.

California Family Code section 3020 establishes the public policy that children have a right to frequent and continuing contact with both parents after a separation or divorce, and that both parents should share the rights and responsibilities of child-rearing. This policy creates a strong default orientation in California courts toward joint custody arrangements when parents can cooperate, and it means that a parent who refuses to facilitate the other parent's relationship with the child faces an uphill battle in custody proceedings.

Temporary Custody Orders

While a custody case is pending, either parent can request temporary custody orders by filing a Request for Order (form FL-300). A temporary order hearing is typically scheduled within three to four weeks of filing. For true emergencies -- situations where the child faces immediate danger -- a parent can file for emergency ex parte custody relief and obtain same-day orders. The emergency ex parte process requires a sworn declaration documenting the immediate risk to the child and an explanation of why giving advance notice to the other parent would place the child at further risk or would be impossible.

Temporary custody orders remain in effect until the court modifies them or enters a final custody order. Courts are generally reluctant to make dramatic changes from temporary to final orders without good cause, which is why the temporary order stage is important -- the status quo established in the temporary order tends to influence the final order.

Mandatory Custody Mediation

In California, before a court will hold a contested custody hearing, both parents must attend custody mediation through the court's Family Court Services (also called Conciliation Court in some counties). This mediation is free. The mediator meets with both parents -- separately if either requests it, or if there is a history of domestic violence -- and attempts to help them reach an agreed parenting plan. If the parents reach agreement, the mediator prepares a written agreement that the court can adopt as an order. If they cannot agree, the case proceeds to a court hearing.

In some California counties, including Los Angeles County, the mediator also submits a recommendation to the court regarding the appropriate custody arrangement. In Orange County, mediators at the Lamoreaux Justice Center typically do not make recommendations to the court -- their role is facilitation only. Understanding how the mediation process works in your specific courthouse is important to how you prepare for your custody case.

How to Win Full Custody in California

How to win full custody in California -- meaning sole physical and legal custody -- requires demonstrating that joint custody arrangements would be detrimental to the child. This is a higher standard than simply showing that you would be a better primary parent. Courts in California presume that both parents should be involved in the child's life and that joint custody serves the child's best interests when parents can cooperate. To overcome this presumption and obtain sole custody, you generally need evidence of domestic violence, substance abuse, severe parental alienation, a parent's complete absence from the child's life, or another significant factor that makes joint custody harmful rather than beneficial to the child.

How to win full custody as a father follows the same legal standard as for mothers -- California law is gender-neutral. A father who demonstrates active, consistent involvement in the child's daily life, who supports the child's relationship with the mother, and who can show that sole custody serves the child's best interests has the same legal claim to full custody as a mother in the same circumstances.

Parental Rights After Divorce -- Ongoing Rights and Modification

Once a custody order is entered, both parents retain ongoing legal rights. The non-custodial parent has the right to information about the child's school enrollment and academic performance, health care providers and medical records, and participation in the child's school and extracurricular activities -- unless the court has specifically limited these rights for good cause. Parental rights after divorce cannot be unilaterally restricted by the other parent without a court order.

If circumstances change significantly after the custody order is entered, either parent can petition the court to modify the order. A material change in circumstances is required -- significant changes in income, a parent's relocation, changes in the child's needs, documented domestic violence, substance abuse, or severe parental alienation are examples of circumstances courts have found sufficient to warrant custody modification.

Child Custody Attorney -- Orange County and Riverside County

Getting the right custody arrangement for your child requires understanding California law, knowing the local court culture and procedures, and presenting your case effectively. Furubotten Law, APC represents clients in all phases of custody proceedings -- initial custody petitions, temporary order hearings, mediation preparation and attendance, contested custody trials, and post-judgment modifications. Our Huntington Beach office serves clients throughout Orange County. Our Murrieta office serves clients in the Temecula-Murrieta-Menifee corridor and throughout Southwest Riverside County. Call (714) 795-3862 for a complimentary initial case evaluation.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Custody Filing Questions

Ex parte order in California family law: an ex parte order is a temporary court order obtained without advance notice to the other party. In custody cases, ex parte orders are available when there is an immediate risk of harm to the child -- such as a threat of abduction, or evidence that the child is in danger in the other parent's home. The petitioner files a declaration under penalty of perjury describing the emergency and explaining why advance notice to the other parent would put the child at further risk. If the court grants the ex parte order, a noticed hearing is set within a short period where both parties can appear and present their positions.

Family Code section 3064 governs emergency custody orders in California. To obtain an emergency ex parte custody order, the petitioner must show immediate harm to the child or immediate risk that the child will be removed from California. The standard is higher than for a TRO in other contexts -- courts are appropriately cautious about granting emergency custody orders without giving the other parent a chance to respond, because ex parte orders can be misused in contested custody cases.

FL-300 Request for Order: this is the form used in an active family law case to request court orders for custody, visitation, support, or other matters. Filing an FL-300 sets a hearing date and requires the requesting party to serve the other party with the FL-300 and supporting declarations in advance of the hearing. The FL-300 is used both for initial custody orders in a pending case and for post-judgment modifications. In emergency situations requiring immediate court action, an ex parte application (not a standard FL-300 hearing) is the appropriate mechanism.

Unfit parent in California custody proceedings: to obtain a finding that the other parent is unfit, you must present specific, documented evidence of conduct that endangers the child -- substance abuse with evidence of impairment during the child's care, documented physical abuse, severe neglect, domestic violence in the child's presence, or similar serious concerns. General dissatisfaction with the other parent's parenting choices, lifestyle, or relationships does not establish unfitness. Courts expect both parents to make imperfect decisions sometimes and focus on whether the child is safe, not whether either parent is ideal.