California Custody Guide: Filing and Deadlines

California-Specific Custody Information

California has its own rules, forms, and processes for custody cases. Here's what you need to know if you're navigating the California family court system.

Critical Deadlines

Response deadline: 30 days from the date you were served. This is absolute. Missing it can result in a default judgment.
Temporary orders (RFO): A Request for Order (FL-300) can be heard as soon as 16 court days after filing.
Mediation: Required before any contested custody hearing in most California counties.

California's Custody Framework

California uses the "best interest of the child" standard (Family Code §3011). Factors include:

The child's health, safety, and welfare
History of abuse by either parent
The nature and amount of contact with both parents
Habitual or continual illegal use of controlled substances or alcohol

Key California Presumptions

Joint custody presumption: When both parents agree, there's a presumption favoring joint custody
DV presumption (FC §3044): If a parent is found to have committed domestic violence within the last 5 years, there's a rebuttable presumption against that parent having custody
No gender preference: California law explicitly states no preference for custody based on the parent's gender

Filing and Forms

E-Filing

courts.ca.gov/selfhelp-efiling.htm

California's e-filing system varies by county. Many counties use systems like File & Serve or One Legal.

Key Forms

FL-300: Request for Order (the main motion form)
FL-311: Child Custody and Visitation Application Attachment
FL-341: Child Custody and Visitation Order Attachment
MC-030: Declaration (your sworn statement)

All forms available at courts.ca.gov/forms

Self-Help Resources

courts.ca.gov/selfhelp.htm — California's self-help center is one of the best in the country. Free workshops, guides, and facilitator assistance.

Mediation

California requires mediation before contested custody hearings in most counties. Two types:

Recommending counties: The mediator makes a recommendation to the judge if you don't agree (LA County, for example)
Non-recommending counties: The mediator tries to help you agree but makes no recommendation (San Francisco, for example)

Know which type your county uses — it affects your strategy.

Move-Away Cases

California follows the LaMusga factors (from In re Marriage of LaMusga, 2004). The custodial parent generally has a presumptive right to move with the child. The non-custodial parent must show detriment to the child.

Factors the court considers:

Children's interest in stability and continuity
Distance of the move
Children's age
Relationship with both parents
Relationship with other important people (siblings, grandparents)
Wishes of older children

Finding a California Attorney

California State Bar Referral: calbar.ca.gov
LawHelp California: lawhelpca.org (select California)
Legal Aid Association of California: County-by-county legal aid

Next Steps

Note your 30-day response deadline
Visit CA Courts Self-Help for forms and guides
Find out if your county is recommending or non-recommending for mediation
Contact the CA Bar Referral Service for attorney consultations