How to get or change a custody and parenting time order

When California parents end their relationship, they will need a custody and visitation order. In the future, they might also need to seek a modification for those orders as the children grow and the conditions in the family change.

Getting a custody and visitation order

There are a variety of ways you can get a custody and visitation order in California, depending on your family situation. The first thing you need to do is figure out which option is the right fit for your family situation, then you can file a:

• Request for Order if you already have a family law case that includes the child
• Petition for Divorce or Legal Separation if you want to seek a legal separation or divorce
• Petition for Custody and Support if you are married or in a domestic partnership and do not want to divorce or legally separate
• Petition to Determine Parentage if you and the child’s other parent are not married or in a domestic partnership and one of you is not the child’s legal parent
• Petition for Custody and Support or Petition to Determine Parentage if you and the other parent are not married or in a domestic partnership but you are both the child’s legal parents

Changing a custody order

Custody and visitation orders can change. For example, the amount of parenting time might need to be adapted as the children grow. Similarly to getting a first order, you might file a Request for Order in an existing family law case to obtain a modification. If you and the child’s other parent agree on the changes, that request can become the new custody and visitation order once a judge approves.

Ensuring that you have a legal custody and parenting order can help you avoid conflicts with the other parent. These agreements can also protect your parental rights.