Step-by-Step Tool
Answer a few questions about your situation and get a personalized list of the forms you need to file in California family court.
Before we begin
This helps us point you to the right process. An open case means a judge has already issued orders or your case has already been assigned a case number by the court.
Not sure what type of case you have? Learn about California family court case types →
Question 1 of 3
This determines what type of case you need to open. There's no wrong answer — the process is just slightly different depending on your relationship status.
Question 2 of 3
Because you're married, you need to open a family law case before the court can make custody orders. Here are your options.
Question 2 of 3
For unmarried parents, the court cannot make custody orders until legal parentage is established — meaning the law officially recognizes both people as the child's parents.
Filing in the right place: To file in California, your child must have lived here for at least 6 months and currently live here. If a custody case was already opened in another county or state, you cannot file a new one here — you must go back to that court. This is called the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) — the court that first issued orders keeps jurisdiction even if the child later moves.
Question 3 of 3
This affects how much of the process you'll need to go through. An agreement can become a court order without a full hearing.
Question 1 of 4
Select everything that applies to your situation. This determines which forms you'll need.
Question 2 of 4
Legal custody determines who makes decisions about the child's health, education, and welfare. This is separate from where the child lives. (Cal. Fam. Code §§3003, 3006)
Question 3 of 4
Physical custody determines where the child primarily lives and which parent they spend time with day to day.
Question 4 of 4
This is important to tell the court upfront. If there are concerns, the court has options — including supervised visitation or restricting contact — to protect your child.
Question 1 of 1
Based on your answers, these are the exact forms for your situation. Download each from the official California Judicial Council website — they're always free.
Before you fill them out: Read through each form completely before writing anything. The instructions matter. If you have questions about a specific field, the Family Law Facilitator at your courthouse can help — free of charge.
Question 1 of 2
Once your forms are complete, here's exactly what to do at the courthouse. Check off each step as you complete it — the Next button unlocks when you're done.
Tap each item to check it off
Make at least 3 copies of every document: one for the court, one for your records, and one to serve on the other parent. Bring them all.
At your county courthouse, ask for the Family Law division. Give the clerk your original documents and copies. They'll stamp everything and keep the originals.
Tip: Some California counties allow e-filing from home — you may be able to skip the trip. Check e-filing options at courts.ca.gov ↗
Filing fees vary by county. If you filed an FW-001 fee waiver, submit it with your documents. Find your county's fee schedule at courts.ca.gov ↗
The clerk will give you a hearing date. Write it down immediately — everything from this point runs backward from this date. Then use the Deadline Calculator to instantly see all your deadlines. Open the Deadline Calculator →
Stay on track: Use the My Case Checklist to stay organized and make sure every step is completed before your hearing.
Question 2 of 2
After filing, you must formally notify the other parent by having someone serve them with everything you filed. The case cannot move forward without this.
You cannot serve the documents yourself. California law requires that service be done by someone else — any adult 18 or older who is not a party to the case.
| Method | Deadline before hearing |
|---|---|
| Personal service | 16 court days |
| 16 court days + 5 calendar days | |
| Email Requires other parent's written consent or court e-service registration | 16 court days + 2 court days |
Court days = weekdays only, excluding California court holidays. The clock starts the day after service.
Tap each item to check it off
Your server must be at least 18 years old and not a party to the case — meaning not you or the other parent. Use a trusted adult (friend, family member) or hire a professional process server. If the other parent has an attorney, serve the attorney — not the parent directly.
FL-300, FL-105, your declaration, any attachments — the server must deliver a complete copy of everything.
After serving, your server completes FL-330 (personal service) or FL-335 (mail or email). A professional process server will typically file this with the court directly. If a friend or family member served, they complete the form and hand it back to you — you then file it with the court before your hearing.
Once you have your hearing date, use the Deadline Calculator to get your exact serving deadline with real dates — accounting for weekends and California court holidays.
Stay on track: Use the My Case Checklist to stay organized and make sure every step is completed before your hearing.
Question 1 of 1
After filing and serving, here's what to expect before your case is resolved.
If you and the other parent cannot agree on custody or parenting time, California law requires mediation through Family Court Services before a judge can make long-term orders. The court schedules this automatically — it's free and court-connected. If you already have a full agreement, you may be able to skip mediation entirely and submit a stipulation for the judge to sign.
If there is a history of domestic violence or you have safety concerns, tell the court immediately. You are entitled to separate mediation sessions — you do not have to be in the same room as the other parent.
Arrive 15–20 minutes early. Dress professionally. Bring organized copies of everything you filed. Address the judge as "Your Honor." Focus on facts that relate to your child's best interests — not your grievances with the other parent.
Before a regular Request for Order hearing, California courts expect both parties to have made a good-faith attempt to resolve the dispute — this is called a meet and confer. The judge will typically ask at the hearing whether you have done this. If you haven't, the judge may pause the hearing or ask you to try first before ruling.
Send an email or text clearly laying out the issue and your proposed resolution. Keep a record — if the other party doesn't respond or refuses to engage, that's useful information at the hearing. Note: meet and confer is not required for ex parte (emergency) applications.
Every decision a California family court makes about custody is based on the best interests of the child (Cal. Fam. Code §3011). Frame everything you say and write around this.
You know what type of case to open, which forms you need, how to file, how to serve, and what to expect at your hearing. Here's what to do next.