What is the process for filing for sole custody?
Filing for sole custody of a child in California involves a multi-step process. First, the parent must file a petition with the court. The parent should include their contact information, the other parent’s contact information (if known), and the reasons why they believe sole custody should be granted. The parent should then serve the other parent with a copy of the petition, in order to give them notice of the hearing and the opportunity to respond. The parent should then fill out a financial statement, a child custody declaration, and a proposed parenting plan, which will be presented to the court. These documents should provide information about the parent’s income and assets, the details of the proposed custody arrangements, and the proposed visitation schedule between the two parents. At the hearing, the court may interview the parties and witnesses, and consider any evidence presented. The court will then use California’s Best Interests of the Child standard to decide whether sole custody is appropriate. If the court grants the parent’s motion, both parties will be required to follow the court’s orders. The court can also order the parents to attend mediation or counseling to work out issues such as visitation and support. Failing to follow the court’s orders could result in the losing parent receiving a fine or jail time.
Related FAQs
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