To file for child custody in California, first determine whether you are filing inside an existing divorce or parentage case or starting a new custody case. Then complete the right forms, file FL-300 if you want orders and a hearing date, serve the other parent correctly, and complete mediation before the hearing if custody is disputed.
Filing for child custody in California is not one universal process. The forms you need, the way you open the case, and the fees you pay all depend on your situation. Are you in the middle of a divorce? Establishing parentage? Filing a standalone custody case?
This guide focuses on the step-by-step process used to file for child custody in California. For a broader look at how California custody law works, see our complete guide to child custody in California.
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Steps to File for Child Custody in California
The filing process follows a predictable sequence, but the specific forms and entry point depend on your circumstances. The steps below apply to all three filing routes (divorce, parentage, and standalone custody).
Step 1: Confirm You Are Filing in the Right Court
In most cases, you file for child custody in the Superior Court for the county where your child lives. If you file in the wrong county, the other parent can request a transfer, and that motion alone can add weeks of delay before anything substantive happens.
As part of your filing, you must include form FL-105, the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), in a California custody case involving children under 18.
This form tells the court where the child has lived for the past five years and discloses any custody proceedings in other jurisdictions.
FL-105 is especially important when there may be another state or country involved, because California courts use that information to assess jurisdiction before making custody and visitation orders. Under the UCCJEA, the general rule is that the child’s “home state” has jurisdiction.
For most children, that means the state where the child has lived with a parent for at least six consecutive months before filing. For a child younger than six months, it is usually the state where the child has lived since birth with a parent.
Step 2: Identify Your Filing Route
There is no single “custody petition” in California. How you ask for custody depends on what type of family law case, if any, already exists.
Already Filing for Divorce or Legal Separation?
Custody gets raised inside that case. Your dissolution petition opens the case, and once it is filed, you ask the court for specific custody and parenting time orders by filing a Request for Order with custody attachments (see Step 3 for the full list). No separate custody petition is needed.
Were You and the Other Parent Never Married?
You will typically need to open a parentage case first to establish the legal parent-child relationship. Once the case is open, you request custody orders within that same case.
A father who has not established legal paternity cannot obtain enforceable custody orders until parentage is confirmed. For a full breakdown, see our guide to establishing paternity in California.
Need Custody and Support Orders Only?
If both parents are already established as legal parents and you only need custody and support orders, you file a standalone custody case using FL-260 (Petition for Custody and Support of Minor Children), FL-210 (Summons), and FL-105 (UCCJEA Declaration).
This is the option for parents who were never married but already have parentage established, or for situations where a custody-only case is the right fit.
Filing the petition by itself does not schedule a court date. It opens the case. That is all. To get a hearing and request temporary custody orders, you also need to file FL-300 (Request for Order) with the custody attachments (the forms that detail your requested custody arrangement). Most petitioners file both at the same time, so they do not lose weeks before realizing a separate filing is needed.
The RFO (FL-300) is usually the standard mechanism that asks the court to make custody orders and to generate a hearing date across all three routes.
You do not need a finalized custody schedule before you file. Your proposed schedule is a starting point. It tells the judge what you are asking for and why. It can change through mediation, negotiation, or the court’s own ruling at the hearing. If you are unsure what schedule to propose, your county’s self-help center can help you think through what makes sense for your child’s age and routine.
Step 3: Complete Your Forms
This is your paperwork reference. The forms you need depend on your filing route, and each one serves a specific purpose.
Core forms (all routes):
- FL-300 (Request for Order): this is the form that asks the court for custody and parenting time orders and generates your hearing date
- FL-105 (UCCJEA Declaration): required in every custody case; tells the court where the child has lived and whether there are any other court cases involving the child, which helps the court determine whether it has authority to make custody orders
- FL-311 (Child Custody and Visitation Application): lets you lay out your proposed parenting schedule in detail, including weekday and weekend time, exchange logistics, and communication expectations
- FL-341(C), FL-341(D), FL-341(E): optional attachments for a holiday schedule, additional physical custody terms, and joint legal custody terms
Additional forms for a standalone custody case (filed alongside the core forms above):
- FL-260 (Petition for Custody and Support of Minor Children): opens a new custody case when there is no divorce or parentage case on file
- FL-210 (Summons): formally notifies the other parent that a case has been filed against them
Financial forms (if also requesting support or attorney fees):
- FL-150 (Income and Expense Declaration): required whenever you ask the court for child support, spousal support, or a contribution toward attorney fees; must also be served on the other parent
All Judicial Council forms are available for free on the California Courts website. Most county courthouses also have a self-help center where facilitators can review your forms for completeness before you file.
If You Need Temporary Custody Orders
Temporary orders give you an enforceable custody arrangement while the case works through the system. File your Request for Order alongside your petition so the clerk assigns a hearing date at the same time.
Include a declaration explaining what schedule you are requesting and why it serves your child’s interests.
For more on how temporary and final orders differ, see our guide to temporary vs. permanent custody orders in California.
If You Need Emergency Temporary Orders
If your child is in immediate danger, at risk of abduction, or a parent is threatening to remove the child from California, you can ask the court for emergency temporary orders on shortened notice.
This requires a Request for Order, a Temporary Emergency (Ex parte) Orders form, a declaration about how you notified the other parent, and a supporting declaration describing the specific emergency.
The court can often review and hear the request very quickly, sometimes within a few days, depending on its schedule and local procedures. These orders expire on the date of the full hearing unless extended.
For more, see our guide to emergency child custody in California.
If Domestic Violence Is Involved
A parent seeking a domestic violence restraining order (DVRO) can request temporary custody and visitation orders as part of the restraining order case using form DV-105.
This is a separate track from FL-300 and can produce temporary orders on an expedited basis.
Step 4: File Your Forms with the Court
Once your forms are complete, you file them with the Superior Court clerk. There are three ways to do this.
You can file in person at the courthouse clerk’s window, by mail, or through your county’s approved e-filing system (not available everywhere for family law). If filing in person, bring your originals plus at least two copies.
The clerk stamps your copies with the filing date and case number and returns them to you. You need those stamped copies for the next step: serving the other parent.
If you are filing your petition and Request for Order together, the clerk assigns a hearing date during the same visit.
Filing fees. Expect to pay roughly $435 to $450 for a new petition (this is the “first paper” filing fee). If you are filing a Request for Order in an existing case, the fee is smaller, typically around $60 to $85, depending on the county. If you are filing a new petition and an RFO at the same time, you may owe both fees. Fees vary by county, so check with your local court.
Step 5: Serve the Other Parent
The court cannot act on your custody request until the other parent has been properly served with your filed paperwork. This step has specific rules, and skipping or mishandling any of them can stall your case.
Before service happens, you need to put together a service package. This is the set of documents that gets handed to the other parent. You prepare it; someone else delivers it.
The service package for a new custody case includes:
- Conformed copies of everything you filed (except fee waiver forms)
- Blank response forms so the other parent knows how to reply to your petition and your Request for Order
- Blank UCCJEA Declaration is also included for the other parent to complete
- Blank FL-320 (Responsive Declaration to Request for Order), if you also filed FL-300
Once your package is ready, someone who is at least 18 years old and not a party to the case hand-delivers it to the other parent. You cannot do it yourself. A friend, a relative who is not involved in the case, a professional process server, or the county sheriff’s office can all handle delivery.
After completing service, that person fills out a proof of service form, which you then file with the court before the hearing deadline. If proof of service is not on file, the court may not be able to proceed.
If you are asking for custody orders in a divorce, parentage, or other family law case that already exists, you will usually file form FL-300 (Request for Order) in that existing case, rather than start a new custody case from scratch.
Service for an FL-300 may follow different rules from service of a new petition. In some situations, service by mail is allowed. In others, personal service is required, especially if emergency temporary orders are involved or the court requires it. Always check the filed FL-300 and your court’s instructions before serving.
For everything else about service, including who can serve, substituted service, service by publication, and special situations, see our guide to serving court papers in California.
Step 6: What Happens After Filing and Service
Once the other parent has been served, the case moves into a waiting and preparation phase. Here is what to expect.
The 30-Day Response Window
After service of the petition, the other parent has 30 days to file a response for personal service within California. If they do not respond within that window, you may be able to proceed by default by filing a Request to Enter Default (form FL‑165), which asks the court to enter orders without the other parent’s participation.
The default process does not happen automatically; you must affirmatively request it using FL‑165 and related judgment paperwork. A hearing may still be required, even if the other parent doesn’t appear, so the judge can review your proposed custody and support orders.
Mediation Before the Hearing
If custody is contested, most California courts require parents to attend Family Court Services mediation before the judge will hear the dispute.
Mediation is a confidential meeting with a neutral professional who helps parents try to reach a parenting plan that focuses on the child’s best interests.
In most counties, this mediation is provided through the court at no cost to the parents. If the parents reach an agreement, the mediator can help put it in writing for the judge to review and, if approved, turn into a court order.
If they do not agree, the case goes back to the judge, who will decide custody and visitation at a later hearing.
What Not to Say in Child Custody Mediation
Read NowCommon Filing Mistakes That Delay Custody Cases
The filing process is mechanical, but small errors can cost you weeks. Here are the mistakes that trip people up most often.
- Filing in the wrong county. If you file where you live instead of where your child lives, the other parent can move to transfer the case. That motion pauses everything until the court rules on it, and if the transfer is granted, you start the administrative process over in the new county.
- Forgetting the UCCJEA declaration (FL-105). This form is required in every custody case. If you do not include it, the clerk may reject your filing on the spot, or the court may refuse to hear your request until it is on file.
- Not making enough copies. The court keeps your originals. You need at least two conformed copies, one for your records and one for service on the other parent. Running out of copies at the clerk’s window means a trip to the copy machine and back to the end of the line.
- Trying to serve the other parent yourself. If you hand the documents to the other parent yourself, the service is invalid, and the court may not be able to proceed, even if the other parent accepts the papers without objection.
- Assuming the petition alone gets you in front of a judge. This is the mistake that costs the most time. Filing FL-260 opens your case, but it does not generate a hearing date or put any custody schedule in place. If you file the petition, serve it, and then wait for something to happen, nothing will. You need to file FL-300 (Request for Order) to get a hearing date and request temporary orders. Filing both at the same time saves you from losing weeks.
Need Help Filing for Custody in California?
You have done the reading. You understand the forms and the steps. If your situation is straightforward and both parents are on the same page about a schedule, you may be able to handle the filing process through the court’s self-help center.
But if your case involves contested custody, safety concerns, significant assets, or a co-parent who is unlikely to cooperate, the paperwork is the easy part. What goes into your declarations, how you frame your temporary orders request, and the schedule you propose in the early stages of the case can shape the outcome for years.
Our Los Angeles child custody attorneys have handled custody filings across every route covered in this guide. If you want a second set of eyes on your paperwork, or if your situation calls for legal representation from the start, schedule a case evaluation, and we can help you think through the right approach.
