Custody & Support

Understanding Custody & Visitation

In California family law, “legal custody” refers to the authority to make important decisions involving a child’s health, education, and welfare. “Physical custody” refers to where the child primarily lives. “Visitation” refers to the parenting schedule outlining when a parent spends time with the child, while “timeshare” refers to the percentage of parenting time each parent has with the child. When parents are able to reach agreements together, they maintain greater control over the decisions involving their children. When parents cannot agree and require court intervention, the judge ultimately makes those decisions for them.

To request custody and visitation orders, there must first be an open family law case, such as a divorce or parentage case. Parents may request general or very detailed orders involving parenting schedules, exchange locations, transportation responsibilities, school pick-up arrangements, holiday schedules, and other important parenting details intended to reduce confusion and conflict.

Most California Superior Courts also require parents to participate in Family Court Services (FCS) before custody and visitation orders are made. This process usually involves meeting with a mediator or Child Custody Recommending Counselor (CCRC) to attempt to reach an agreement regarding custody and visitation. Unless parents hire a private mediator, FCS is often a required step in the process. The discussion is generally limited to custody and visitation matters and does not address child support issues.

Requesting Changes to Existing Custody or Visitation Orders

As children grow older and family circumstances change, there may be a need to modify an existing child custody or visitation order. In some situations, children’s school schedules, extracurricular activities, living arrangements, or relationships with each parent may change over time. Older children may also begin expressing a preference regarding where they wish to spend more of their time. In other situations, a parent’s work schedule or overall family dynamics may create the need for a different parenting arrangement.

When parents agree that changes are needed, they may be able to submit a new agreement and updated orders to the court. When parents do not agree, one parent may request that the court modify the existing custody or visitation orders by showing that the requested change is in the best interest of the child.

Understanding Child Support

Child support is intended to help meet the financial needs of a child, including housing, food, clothing, healthcare, education, and other everyday living expenses. If a parent needs financial support to care for a child, the parent must request for child support.  The court does not automatically make child support orders in a family law case.

In California, child support is generally calculated using statewide guideline formulas that are designed to create a fair and consistent support amount based on the financial circumstances of both parents.

Guideline child support calculations typically consider several factors, including each parent’s income, how much time the child spends with each parent, health insurance costs, tax filing status, childcare expenses, and certain allowable deductions. Because of this, both parents are generally required to provide financial information regarding their earnings, pay stubs, expenses, and health insurance coverage so that accurate calculations can be made.

In some situations, parents may agree upon a child support amount that differs from the guideline calculation if they believe the agreed amount adequately meets the financial needs of their child. Cooperative agreements between parents can sometimes provide flexibility while still ensuring the child’s needs are properly supported. However, the court still retains the authority to review child support agreements to ensure they are appropriate and in the best interest of the child.

Child support ends when a minor child has reached the age of 18 and graduated from high school. If a minor child does not graduate from high school, then support can continue until the child reaches the age of 19. In some unique circumstances, the court can order child support to continue beyond 19. However, those circumstances are very rare.

Service and Fees

Child Custody & Visitation Agreement Service

The Child Custody and Visitation Agreement Service is designed for parents who have already reached an agreement regarding custody and parenting time and simply need the agreement to be prepared in the format that the court will accept, file and make it an order.  This service includes preparation of all necessary documents to submit a custody and visitation agreement or stipulation to the court. Clients are responsible for filing the documents with the court. Court filing fees will apply.

This service requires an existing open family law case, cooperation between both parents, and signatures from both parties on the agreement. This service is not available for cases involving Child Protective Services, Juvenile Dependency Court, or a history of abuse. In most situations, no court appearance is required. *

Child Custody & Visitation With a Court Hearing

The Child Custody and Visitation, With a Court Hearing Service is designed for parents requesting that the court make custody and visitation orders because an agreement cannot be reached between the parties. This service can also be used for parents that are seeking to modify an existing child custody and visitation order. This service includes preparation of all required court forms necessary to request a hearing regarding custody and parenting time. Clients are responsible for filing the documents with the court and attending any required mediation and court hearings. Court filing fees will apply.

This service requires an existing open family law case and does not include matters involving Child Protective Services or Juvenile Dependency Court. Mediation through Family Court Services and a court appearance are generally required. *

Child Support With a Court Hearing

The Child Support, With a Court Hearing Service is designed for parents requesting that the court establish child support orders. This service may also be used to request modifications of existing child support orders when financial circumstances, child custody or parenting schedules have changed. This service includes preparation of all required court documents, including financial income paperwork necessary for the court to review income and support issues. Court filing fees will apply.

Clients are responsible for filing the documents with the court.  An open family law case is required and court appearances are generally required. *

Child Custody, Visitation & Child Support With a Court Hearing

The Child Custody, Visitation and Child Support Service is designed for parents requesting that the court address child custody, visitation, parenting schedules and child support issues together within the same hearing process. This service includes preparation of all required custody, visitation, child support, and financial income paperwork necessary to request court orders. Court filing fees will apply.

Clients are responsible for filing the documents with the court. This service may also be used to request modifications of existing custody, visitation, and support orders. An open family law case is required. Mediation and court appearances are generally required. *

Terminate Child Support Without A Hearing

In some family law cases, the parties have a child support order made by the superior court and the parent with the obligation to pay support has their wages garnished. The wages are collected by a wage assignment from the employer through an order called an Income Withholding Order. Once the child has turned 18 and has graduated from high school, the parent with the obligation to pay support can request the court to terminate the Income Withholding Order without a hearing. There must be only one child left on the order of support. Proof of age and proof of graduation are required to be submitted with this request.

Clients are responsible for filing the documents, along with the supporting proof, with the court. An open family law case is required. No court filing fee and no court appearance is required.*