IF YOU ARE BEING DENIED CUSTODY OR VISITATION RIGHTS:
It will be your responsibility to do the following:
You will need to file three copies of the appropriate papers (see below) with the Superior Court Clerk's Office. The forms can be picked up at the Clerk's Office for a fee. When the forms are completed, return them to the Clerk's Office for a Judge's signature. There is a fee for filing the papers. If you have little or no income, you will also need to obtain Fee Waiver Forms from the Clerk's Office. If you meet the qualifications, the filing fees may be partially or completely waived.
YOU CAN DO THIS
- With an attorney, or
- In Pro Per - This means you act as your own attorney. You can fill out the paperwork yourself or you can use a typing service. The typists (paralegals) are not lawyers and cannot give you legal advice. In Pro Per litigants can have the Superior Court Family Law Facilitator review their documents before submitting them.
Papers To File:
- Complaint to Establish Parental Relationship
This can be filed by either party in order for the biological parent to be legally acknowledged as such. Child Custody, visitation, and restraining orders, as well as child support, can be requested. Note: If there is a paternity action through the Family Support Division, (that was filed after January 1, 1997), you should file an Order to Show Cause in that action to address custody issues, rather than filing a new action with a Complaint to Establish Parental Relationship. (Welfare & Institutions Code section 11350.1
- Summons **
This is the document that lets the other party know that they are being sued for custody, etc. This can be served (for a fee) by the Sheriff's Office, Civil Division, or served by someone other than yourself, over the age of 18. Family Law Summons' have automatic restraining orders regarding children.
- Order to Show Cause (OSC) **
This is the paperwork that gets you into court. You can request custody, visitation, injunctive orders (an Order prohibiting the other party from doing something), child support, and/or spousal support. These are temporary orders pending the hearing date.
** Waiver of Fees - The Court will waive filing fees if it is determined that you cannot afford to pay the filing fees, or if you are receiving AFDC.
What Happens Next:
The Court will give you a court date to appear. You must have the other party served. You must appear.
When you appear in Court you will be sent to a mediator. The mediator is a person who sits down with both parties and tries to reach an agreement concerning custody and visitation.
If domestic violence was involved, you are entitled to and may request separate mediation and a domestic violence support person.
When an agreement is reached, both parties will sign the agreement. The Judge will sign it and make it an official Order of the Court and both parties receive a copy of the order.
If an agreement cannot be reached, the parties will appear before the Judge, on a different day. The Judge will listen to both sides and make a decision which will become the official order.
Intrastate or International:
There are laws and international treaties that can assist when children are wrongfully taken out of the state or country. This is not necessarily a federal crime. You should still make a local police report and have the report referred to the CAU. |
