General Information
Types of Custody/Visitation Orders:
Custody of Children
Legal Custody. Legal custody determines which parent
will make decisions concerning the child's or children's health, safety, education, and
welfare. One parent can make these decisions alone, which is known
as sole legal custody, or both parents retain the right to make these
decisions, known as joint legal custody. Joint legal custody means
both parents should cooperate on decision-making, but that either parent
has the power to make decisions alone. Sole legal custody means
only one parent can make decisions and obtain information from the child's
or children's
school and doctor, for example.
Physical Custody. Physical custody determines where the
child or children will reside. Sole physical custody means the child
or children live
with one parent and visit the other parent. Joint physical
custody means the child or children reside with both parents. In the case of
joint physical custody, if one parent will have the child more than half
of the time, then that parent can be labeled the "primary custodial
parent" for tax and other purposes.
Visitation of Children
Unsupervised Visitation. The parent who does not have the
child or children more than half of the time is entitled to visitation with the
child or children. Visitation plans should be specific in order to avoid
potential conflicts and eliminate confusion. In developing a
specific visitation plan, keep in mind that it can be helpful to be
specific about which weeks of the month the visits will occur to make
the plan more enforceable. For example, if a parent will have the
child or children every other weekend, it would be helpful to define
that specifically as the 1st, 3rd,
and 5th (or the 2nd and 4th) weekend. The pick-up and drop-off times
should also be specific, such as Friday at 3:00 p.m. to Sunday at
6:00
p.m.
Supervised Visitation. This option is used when the
child's or children's safety and well-being require that visits with the other parent
be supervised by you, another adult, or a professional agency.
No Visitation. This option is used in extreme situations
in which contact with the parent would be physically or emotionally
harmful to the child.
Residential Requirements
If you already have an open case in Sacramento County, you may not necessarily need
to be concerned with residency requirements. However, if your case is in
another county or state, there are special rules regarding your custody
orders. Depending upon where the other parent resides, among other
considerations, you may be able to move your entire case to Sacramento
County. If you
are from another state, you may want to register your out-of-state order
in Sacramento County under the Uniform Child Custody Jurisdiction and Enforcement Act
for the purposes of enforcement and, possibly, modification. Before
considering any of these actions, it is recommended that you seek legal
advice regarding this very technical area of the law.
Custody/Visitation Orders without filing for Dissolution or Legal
Separation
The Petition for Custody and Support of the Minor Children is used in
very limited circumstances. You may only use this method of obtaining
custody and support orders if there is no other case that has been filed
anytime, anywhere regarding the children of this relationship. You may file this
petition if you are married to the other parent and do not wish
to file for a divorce, legal separation, or nullity, or you are not
married to the other parent and you and the other parent have signed a
Voluntary Declaration of Paternity regarding each child. Be aware that
if you are married to the other parent and later decide that you would
like a divorce, legal separation, or annulment, you will have to file a
new case and pay another filing fee. After your Petition is filed, you
may proceed as you would in any other case where you are asking for
custody and support orders.
Establish/Modify/Change Orders
After an action for dissolution, legal separation, nullity, or
paternity has been filed in court, you may proceed with filing the
necessary paperwork to obtain orders to establish child custody,
visitation and/or support. A form packet, along with a detailed
instruction sheet, is available from the cashier in Room 100 at the
William R. Ridgeway Family Relations Courthouse, located at 3341 Power
Inn Road which is approximately one half mile south of Folsom
Blvd/Highway 50. The Family Law Filing Counter is open from 8:30
a.m. to 4:30 p.m., Monday through Friday,
excluding court holidays. The packet is free of charge.
If you wish to make a request for the court to modify an existing
order, you must file the appropriate "Notice of Motion" or
"Order to Show Cause" paperwork with the Family Relations
Court.
Custody Mediation/Evaluation
For custody mediation or evaluation information, please see Child
Custody Mediation or Evaluation.
Emergency/Temporary Orders
In family law cases, court orders can be obtained only after the
appropriate paperwork is filed, a hearing is scheduled, and notice of
hearing is served on the other party allowing him/her sufficient time to
file a response. These hearings occur in open court in front of a judge.
In limited situations, where there is an emergency, the judge may grant
a Temporary Order to be in effect only until the hearing in open court.
A Temporary Order is only issued to deal with an emergency that cannot
wait for the normal hearing process.
Requires 24 Hours' Notice
To obtain a temporary order, you must give the other party
notice that you are requesting an emergency temporary order(s). This
notice must be given at least 24 hours
before you file your documents with the court. You must tell the
other party the date, time, and place (Ex Parte Window 5/6 in Room
100 of William R. Ridgeway Family Relations
Courthouse) to appear if he/she wishes to
object to the temporary order(s) you are requesting. This notice must be
give in person or by telephone. If an attorney represents the other
party, the notice must be given to that attorney.
The 24 hours' notice must be given in all cases unless it is
established that there will be an immediate threat of danger or harm if
the notice is given. This can be established only in rare
cases. It is the general policy of family law courts that judges do not make temporary orders unless both sides have the opportunity to be heard.
Days and times for filing applications for Ex Parte Orders are Monday through Friday, (excluding holidays), between the hours of: 8:30 a.m. to
11:00 a.m. AND
1:30 p.m. to 3:00 p.m.
For assistance in completing and filing your paperwork, you may go to the
Family Law Facilitator’s Office, Room 113, or
seek the advice of an attorney.
Forms
An Order to Show Cause packet is available free of charge at the
Cashier's Window at the William R.
Ridgeway Family Relations Courthouse, Room 100, free of charge or you may
download the necessary forms from the Local Forms
page and the web site for Judicial
Council of California.
The forms contained in the Order to Show Cause packet are:
The packet of forms necessary to obtain a temporary order is
available free of charge, at the
Cashier's Window at the William R. Ridgeway Family Relations
Courthouse,
Room 100.
Fees
Family Law documents may be filed in person or by mail. The
court will not
set hearings over the phone. Documents submitted through the mail
will be assigned a hearing date according to the statute requirements. The
Court strongly recommends that you to appear to file any
Restraining Order.
Please be advised of the following when filing documents by mail:
- Pleadings will not be filed unless they comply with
California Rules of Court, rule 2.100 which require that all documents presented
for filing must be legible and either typed or printed.
- No conformed copies of documents filed with the Family Law Court
will be returned by mail unless a self-addressed stamped envelope,
with sufficient postage, is provided.
- All papers presented for filing must be pre-punched in the
standard two-hole position at the top of the document and in triplicate.
- Documents submitted for
filing without the total fee due will be returned unfiled.
- Filings paid with checks that are returned for non-sufficient
funds will be
void if not paid by cash or certified check/money order within 20
days of notification. (411.20 Code of Civil Procedure).
There are fax filing agencies that are approved to submit papers to
the court through the use of a fax if you unable to personally appear.
For Family Law filing fees or other
Court filing fees, please click here.
NOTICE: If you are unable to pay fees and costs, you may ask the
court to permit you to proceed without paying them. Check our page
on Fee Waivers and/or ask the Family
Law filing clerk for the Informational Sheet on Waiver of Court Fees and
Costs and Application for Waiver of Court Fees and and Costs (Pursuant
to
California Rules of Court, rule 3.50-3.63). You may also download the fee waiver forms at
the Judicial Council
Web
site.
Representing Yourself
If you intend to represent yourself, it may be
helpful to drop by the Self-Help Center located in Room 113 of the
William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road. The Self-Help Center offers services to help you represent yourself
in both family law and probate court matters. The center houses the Family Law Facilitator's
Office and the Probate legal clinic sponsored by the Voluntary Legal Services
Program, and a community resources information and referral service. At the center, staff and volunteers
assist you in filling out forms and provide information about legal
procedures. These services are available free of charge.
If you have decided to represent yourself, you have taken on the
responsibility of knowing the procedures and timelines relating to your
paperwork and appearances in court.
The Self-Help
Center in Room 113 is available to provide this
information to you. You may also learn about the rules you must
follow in the Family
Code, Code of Civil Procedure and the Family Law
Local Rules as, well as, the
California Rules of
Court. You can find those resources, as well as guide books
to assist you, at the Law Library in Room 112 of the Family Relations
Courthouse. You can also purchase the Local Rules for $10.00 from
the Cashier in Room 100 of the Family Relations Courthouse.
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