How do I file for child-custody orders, or respond after I am served with a custody case? — California

Key points

• Identify the form, case number, service date and hearing date.
• Check the correct case type and the court’s power to decide custody.
• Distinguish opening a case from requesting temporary orders.
• Use the response deadline for the actual papers; arrange service separately.
• Propose a clear parenting plan supported by relevant facts.
• Follow mediation, safety and existing-order requirements.

Which court and case should I use?

If you already have a California divorce, parentage or custody case, you generally ask for orders in that case. Otherwise, the right proceeding depends on your relationship and whether legal parentage is established. A divorce petition, a parentage case and a custody and support petition are not interchangeable. If another state has a case or order, or your child recently moved, get help checking which state’s court can decide before filing. Current residence alone does not settle it. This answer concerns parents in ordinary California family-court custody/visitation proceedings. Guardianship, juvenile dependency, adoption, tribal jurisdiction, international cases and custody merits require additional law. Initial jurisdiction under Family Code section 3421 includes the home-state rule and carefully defined alternatives; it is not a universal six-month waiting rule. Section 3424 provides distinct temporary emergency jurisdiction. Existing orders and continuing jurisdiction can change the analysis. Ask a California family lawyer or court self-help center before opening competing proceedings.

Sources: S2, S6, S12, S13

Does filing a case give me custody orders?

Starting a custody and support case usually requires a petition, summons and information about your child’s residence and other custody proceedings. Filing those papers does not itself give you a custody order or hearing date. To ask for temporary custody or parenting time orders, you generally also file a Request for Order. Set out the decisions and schedule you want. Check local forms, filing options and fees; ask about a fee waiver if needed. For an ordinary custody-and-support petition, the statewide forms include FL-260, FL-210 and FL-105/GC-120, with local requirements where applicable. Divorce and parentage cases use different initiating forms. FL-300 requests orders; FL-311 can specify the proposed custody and visitation arrangement. An agreement follows its own process for obtaining a court order. Do not assume an informal parenting agreement or a filed petition is already an enforceable court order. Ask about safe-address procedures before putting an address at risk in public papers.

Sources: S3, S9, S10, S18

What if I receive a new petition?

Served with a petition and summons starting the case? California guidance generally gives you thirty days after service to file the appropriate response. Read the form number and all attached papers. A custody and support petition, a parentage petition and a divorce petition use different response forms. If the deadline has passed, do not assume nothing can be done. Check whether a default has been entered, which can let the court proceed without your response. Seek help immediately; your next step depends on the case’s status. For FL-260 custody/support papers, the usual response is FL-270 with FL-105. Parentage and divorce responses are different; do not treat FL-270 as a universal answer. The official custody/support guide says a response may still be filed after 30 days if default has not been entered. Once default is entered, ordinary filing alone may not cure it; ask promptly about available relief and deadlines. An agreement or negotiation does not by itself excuse missing the applicable response deadline. Any separate FL-300 hearing request must also be addressed.

Sources: S1, S5, S6, S17

What if I receive a Request for Order?

A Request for Order sets a hearing about particular orders. To respond, use the Responsive Declaration. Usually, file and arrange service at least nine court days before the hearing, unless the court orders a different deadline. Court days exclude weekends and court holidays. Mailing requires earlier action. Check the actual papers and service method instead of guessing a date. Do not apply the thirty day petition rule to this hearing request, protective orders or emergency papers. FL-300 and FL-320 have a different timetable from the initiating petition. The Judicial Council guide specifies at least nine court days for ordinary filing/personal service of the response unless otherwise ordered, and additional lead time for mail. Check the court’s orders, current rules, service destination, local closures and method-specific requirements; this overview does not calculate your last lawful filing/service day. Emergency and domestic-violence restraining-order papers have distinct procedures and may contain immediately binding temporary orders. If time is short or unclear, obtain same-day court/self-help or lawyer guidance.

Sources: S4, S8, S15, S21

How do I serve papers properly?

Filing at court is not service on the other parent. Usually, another adult who is at least eighteen and is not part of the case delivers the papers using the required method, then signs a proof of service that you file. New petitions generally require personal service; a response or later request may have different rules. Do not assume an email, text message or handing papers over yourself is enough. Keep stamped copies and proof, and follow any protective order. Ordinary custody/support initiating service includes the filed papers and required blank response forms; FL-115 records service. Response service may use FL-330 for personal service or FL-335 for mail. If the other party is represented, response service is ordinarily on their lawyer. Some later FL-300 requests still require personal service, including specified emergency or no-response situations. A final custody/support change served by mail can require address verification and FL-334. Missing recipients, military service, another state or country and alternative/electronic service need specific checking; do not improvise. Keep the server’s dates, location and method accurate.

Sources: S16, S19, S21

What should my request or response explain?

Explain the parenting schedule and decision making arrangements you propose, and the facts supporting them. A response should say what you agree with, what you dispute, and what you ask the judge to do instead. Use relevant documents and facts you personally know. Protect private information as court rules require. A responsive declaration is not the route to an unrelated new request; that may need your own Request for Order. FL-320 custody/visitation items include agreement/disagreement and facts supporting the proposed order. A parenting plan can address school days, weekends, holidays, transportation and exchanges. Do not turn the declaration into unsupported accusations. Follow document, page, filing and service requirements; filing a document does not guarantee its admission as evidence. Preserve original records and context. Ask for advice before submitting sensitive child, medical, counseling, financial or privileged material. The Judicial Council guide expressly distinguishes a responsive declaration from raising a separate issue not requested by the other party.

Sources: S3, S15, S20

What happens after filing and service?

Custody disputes usually involve mediation or child custody recommending counseling before the judge decides. Check your court’s arrangements and attend the required sessions and hearing. You do not have to agree to a parenting plan. If there is a restraining order or domestic violence allegation, ask for separate mediation and explain safety concerns. Keep following existing orders. For immediate safety risks, emergency orders or disputed parentage, get prompt, specific help rather than relying on this overview. California guidance states a right to separate mediation where there is a restraining order or domestic-violence allegation, and describes a support person for mediation/orientation. Ask whether the county uses confidential mediation or recommending counseling, and what may be reported or disclosed. A failure to agree does not end the case; the judge can decide. Filing a new request does not automatically suspend existing custody or protective orders. Urgent protection and temporary emergency jurisdiction require their own procedures; immediate danger may require emergency assistance.

Sources: S3, S8, S11, S20

What should I put on my checklist?

Your checklist is simple: identify every form, record the service date and hearing date, confirm the correct deadline, file the right papers, and arrange proper service with proof. Then prepare your proposed parenting plan and supporting facts. The court’s self help center can explain procedure; a California family lawyer can advise on your particular situation. Seek individual advice early where the response date is disputed, service may be defective, default has been entered, parentage is uncertain, there is a safety concern, or another jurisdiction has an order or pending case. Court self-help staff provide procedural information and do not replace independent representation. This answer does not predict custody outcomes or calculate case-specific deadlines.

Sources: S1, S3, S4, S17, S21

Your next steps

1. Identify the forms, case number, service and hearing dates, and the correct court and proceeding.
2. File the correct request or response, arrange valid service and file proof; retain stamped copies.
3. Prepare a proposed parenting plan and relevant facts, attend required mediation and court, and obtain individual help for urgent or complex issues.

Sources and publication

California Judicial Council filing, response and service guidance and Family Code sections 3421 and 3424 checked September 21, 2026. Local rules, actual papers, case status and orders must be checked separately.

• S1. Child custody and visitation

  Identify the papers and response route. Current official guidance read September 21, 2026; live page is undated.
  Differentiate FL-300/DV-100 hearing requests from FL-100/FL-200/FL-260 initiating petitions; the latter generally require a response within 30 days. Custody orders concern legal and physical care.

• S2. What you can file to ask for a custody and visitation order

  Existing case, married partners, unmarried legal parents, other state case. Current official guidance read September 21, 2026; live page is undated.
  Select existing family case or appropriate divorce, parentage or custody/support proceeding. Other-state cases need jurisdiction advice; no universal new-case form.

• S3. Ask for or change a custody and visitation order

  FL-300, FL-311, facts, file and serve. Current official guidance read September 21, 2026; live page is undated.
  Request specific custody/visitation orders supported by facts; filing and service are separate; mediation and local rules matter.

• S4. Respond to Request for Order FL-300

  Court date and response deadline. Current official guidance read September 21, 2026; live page is undated.
  FL-300 is a request for a hearing; responsive papers ordinarily due nine court days before hearing, with court-specific directions requiring checking.

• S5. Respond to a custody and support petition

  Options and default. Current official guidance read September 21, 2026; live page is undated.
  FL-260 with FL-210 initiates custody/support case; response within 30 days; default must be requested and is not an automatic day-31 outcome.

• S6. Respond to parentage papers

  Response to parentage petition. Current official guidance read September 21, 2026; live page is undated.
  FL-200/FL-210 seeks determination of legal parentage and may include custody/support; response ordinarily within 30 days; legal-parentage admissions need individual advice.

• S8. Respond to a domestic violence restraining order

  Read DV-109, DV-100 and any DV-110. Current official guidance read September 21, 2026; live page is undated.
  Restraining-order papers have their own hearing and temporary orders; do not apply ordinary petition timing to them or ignore current protection orders.

• S9. Start a child custody and support case

  Start, serve, ask for temporary orders, agreement or trial. Current official guidance read September 21, 2026; live page is undated.
  Opening a custody/support case does not itself give the requested orders; interim orders need a request and hearing process.

• S10. File a custody and support Petition and Summons

  File, copies, local electronic filing and fee waiver. Current official guidance read September 21, 2026; live page is undated.
  File proper papers in appropriate court, retain stamped copies, ask about fee waiver and local filing choices; filing is not service.

• S11. Domestic violence and child custody mediation

  Separate mediation, support person and no forced agreement. Current official guidance read September 21, 2026; live page is undated.
  Separate mediation right with restraining order or domestic-violence allegation; explain local confidentiality/recommending model; parties need not agree.

• S12. Family Code section 3421 — initial custody jurisdiction

  Family Code 3421(a)-(c). Current California Family Code text, SB 107 amendment effective January 1, 2023; read September 21, 2026.
  Initial child-custody jurisdiction is not established by current residence alone; home-state and other statutory routes apply, subject to emergency jurisdiction.

• S13. Family Code section 3424 — temporary emergency jurisdiction

  Family Code 3424(a)-(d). Current California Family Code text, SB 107 amendment effective January 1, 2023; read September 21, 2026.
  Temporary emergency jurisdiction is distinct from ordinary initial/permanent jurisdiction; existing proceedings/orders require additional safeguards and court coordination.

• S14. United States information service

  US information service and telephone. Live US service homepage checked September 21, 2026; no unverified performance guarantee or consultation price used.
  1-844-690-0555 for free general legal information; information service is not a law firm and lawyer matching is separate.

• S15. Respond to a Request for Order

  Responsive Declaration and new issues. Current official guidance read September 21, 2026; live page is undated.
  FL-320 responds within issues raised; an unrelated new order requires a separate FL-300 request. File, serve and attend.

• S16. Serve a Request for Order

  Choose method, server, deadlines and proof. Current official guidance read September 21, 2026; live page is undated.
  RFO service may require personal service; mail is not always permitted and needs additional time. Adult nonparty serves and signs appropriate proof.

• S17. Respond to a custody and support petition — steps

  FL-270, FL-105, default check and response steps. Current official guidance read September 21, 2026; live page is undated.
  Custody/support petition response uses FL-270 and FL-105; after 30 days response may still be possible if no default entered; once entered seek help promptly.

• S18. Start a custody and support petition — forms

  FL-260, FL-210 and FL-105; request temporary orders. Current official guidance read September 21, 2026; live page is undated.
  Opening custody/support case uses these forms and local additions; does not itself set a court date. FL-311 can help specify a parenting plan.

• S19. Serve a custody and support petition

  Personal service, blank response forms, proof and exceptions. Current official guidance read September 21, 2026; live page is undated.
  Ordinary initiating custody/support papers generally require personal service by an adult nonparty, with response forms and FL-115 proof; exceptions and foreign/missing-party service require specific advice.

• S20. Respond to a request for custody and visitation

  FL-320, facts, supporting documents, filing and mediation. Current official guidance read September 21, 2026; live page is undated.
  Respond to custody RFO by identifying agreement/disagreement and requested alternative within scope; support with relevant facts, protect private information, file/serve and prepare for mediation.

• S21. Serve your Responsive Declaration

  Before you start; calculate service deadline; proof. Current official guidance read September 21, 2026; live page is undated.
  Ordinary FL-320 filing and personal service at least nine court days before hearing unless otherwise ordered; mailing needs earlier action; server must be 18 or older and not party; file proof. Specific mail-day arithmetic not generalized in this overview.

Full transcript

Filing for custody in California, or served with papers? Identify the case and form first. Opening a case, asking for orders, and responding to a hearing request are different steps with different deadlines. If you already have a California divorce, parentage or custody case, you generally ask for orders in that case.

Otherwise, the right proceeding depends on your relationship and whether legal parentage is established. A divorce petition, a parentage case and a custody and support petition are not interchangeable. If another state has a case or order, or your child recently moved, get help checking which state’s court can decide before filing.

Current residence alone does not settle it. Starting a custody and support case usually requires a petition, summons and information about your child’s residence and other custody proceedings. Filing those papers does not itself give you a custody order or hearing date.

To ask for temporary custody or parenting time orders, you generally also file a Request for Order. Set out the decisions and schedule you want. Check local forms, filing options and fees; ask about a fee waiver if needed. Served with a petition and summons starting the case?

California guidance generally gives you thirty days after service to file the appropriate response. Read the form number and all attached papers. A custody and support petition, a parentage petition and a divorce petition use different response forms. If the deadline has passed, do not assume nothing can be done.

Check whether a default has been entered, which can let the court proceed without your response. Seek help immediately; your next step depends on the case’s status. A Request for Order sets a hearing about particular orders. To respond, use the Responsive Declaration.

Usually, file and arrange service at least nine court days before the hearing, unless the court orders a different deadline. Court days exclude weekends and court holidays. Mailing requires earlier action. Check the actual papers and service method instead of guessing a date.

Do not apply the thirty day petition rule to this hearing request, protective orders or emergency papers. Filing at court is not service on the other parent. Usually, another adult who is at least eighteen and is not part of the case delivers the papers using the required method, then signs a proof of service that you file.

New petitions generally require personal service; a response or later request may have different rules. Do not assume an email, text message or handing papers over yourself is enough. Keep stamped copies and proof, and follow any protective order. Explain the parenting schedule and decision making arrangements you propose, and the facts supporting them.

A response should say what you agree with, what you dispute, and what you ask the judge to do instead. Use relevant documents and facts you personally know. Protect private information as court rules require. A responsive declaration is not the route to an unrelated new request; that may need your own Request for Order.

Custody disputes usually involve mediation or child custody recommending counseling before the judge decides. Check your court’s arrangements and attend the required sessions and hearing. You do not have to agree to a parenting plan. If there is a restraining order or domestic violence allegation, ask for separate mediation and explain safety concerns.

Keep following existing orders. For immediate safety risks, emergency orders or disputed parentage, get prompt, specific help rather than relying on this overview. Your checklist is simple: identify every form, record the service date and hearing date, confirm the correct deadline, file the right papers, and arrange proper service with proof.

Then prepare your proposed parenting plan and supporting facts. The court’s self help center can explain procedure; a California family lawyer can advise on your particular situation. Read the California answer and sources at Legal Hotline dot com, with a hyphen between Legal and Hotline.

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Author, publication and corrections

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Publication authorised by James Stevens — Legal Hotline publisher. Authorised September 20, 2026. Publication authorized for the Legal Hotline US workstream. California procedural orientation for parental child-custody filing and responses. Personal legal review is not recorded.

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