What is the process for filing for shared custody?

In California, the process for filing for shared custody typically involves filing a Request for Order with the family court. The Request for Order should include the details of the proposed custody arrangement and a proposed parenting plan. The Request for Order must also be served to the other parent, who must respond with an Answer. After the paperwork is exchanged, the court will typically schedule a settlement conference. This is an opportunity for both parents to discuss the proposed arrangement and come to an agreement. If an agreement is not reached, the court will likely hold a hearing and allow both parents to present their arguments for why their proposed custody arrangement is in the best interests of the child. If the court grants the Request for Order, then the parents must abide by the court’s decision. The court might grant shared custody in the form of “joint legal decision making” in which both parents can make important decisions for the child, or “joint physical custody” in which the child lives with both parents. It is important to speak with a lawyer throughout this process to help navigate the complexities of filing for shared custody in California. The lawyer can help ensure that the parent’s Motion and other required documents are properly filed and can provide legal guidance throughout the process.

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