California Child Custody and Visitation Library

California custody orders address who makes important decisions for a child and how the child’s time is divided between parents. This library explains the law, the evidence that may matter, and the steps involved in asking for, changing, or enforcing an order.

By H. William Edgar | Edgar & Dow

What do you need help with?

• The other parent won’t let me see my child
• I’m worried about losing custody
• I’m concerned about my child’s safety
• Our custody arrangement needs to change
• My child refuses to visit
• One of us wants to move
• I have mediation or a hearing coming up
• We cannot agree about school or medical care

If you have an upcoming hearing, a missed return, or a concern about immediate harm, contact Edgar & Dow about your custody situation. Tell us the county, the next deadline, and whether there is a current order. For immediate danger, call 911.

The other parent won’t let me see my child

Start with whether you already have an enforceable order. Keep the signed order, a dated record of the missed time, and the complete messages about each exchange.

• Enforcing a custody or visitation order
• Getting your first custody order
• When your child is not returned
• Missed or late exchanges

I’m worried about losing custody

Identify what the other parent is asking the judge to change and why. The terms “full custody,” sole legal custody, and sole physical custody can describe different requests.

• What “full custody” actually means
• What the judge considers in a custody decision
• Responding to disputed or false allegations
• Preparing a request and supporting declaration

I’m concerned about my child’s safety

The facts, their dates, and the current risk determine what relief may fit. An emergency custody request, a domestic-violence issue, and a request for supervision each have distinct requirements.

• When emergency custody orders are available
• Domestic violence and custody under section 3044
• Supervised visitation and requests to change it
• Alcohol testing in a custody case

Our custody arrangement needs to change

Read the existing order and identify the exact change your child needs. A different exchange time and a transfer of the child’s main residence can require different legal showings.

• Changing a custody or visitation order
• Building a workable parenting schedule
• Preparing a Request for Order

My child refuses to visit

A refusal needs careful attention to its cause, including any safety issue. The child’s views, the existing order, and the available evidence all matter.

• What happens when a child refuses visitation
• How the court considers a child’s preference
• How a custody evaluation works

One of us wants to move

Start with the current custody order, the proposed location and date, and how the move would affect school and the child’s relationship with both parents.

• California move-away cases and the burden of proof
• Distance and a workable parenting schedule

I have mediation or a hearing coming up

Prepare the order you want, the facts supporting it, and a realistic calendar. County procedures differ, so read the appointment notice before deciding what to submit.

• CCRC in Riverside and San Bernardino
• Confidential mediation in Orange County
• Custody mediation in Los Angeles County
• Recommending counseling in San Diego County
• Writing a focused custody declaration

We cannot agree about school or medical care

Read the provisions for notice, consultation, and consent. Identify the decision, the deadline, and what the school or provider recommends.

• How joint legal custody works
• Changing a child’s school
• Therapy and medical consent
• Giving one parent final authority
• Resolving a joint legal custody disagreement

Looking for a particular legal topic? Use the complete directory below, including grandparents’ rights, evaluations, travel, and appeals.

Browse all custody and visitation topics

• Start with your custody question
• Legal custody and decision-making
• Physical custody and parenting schedules
• Mediation and recommending counseling by county
• Safety concerns, supervised visitation, and emergency orders
• Custody evaluations, children’s input, and trial
• Changing or enforcing an order
• Move-away cases, interstate orders, and international travel
• Grandparents and other family circumstances

Start with your custody question

If you are opening a case or trying to understand an existing order, start with how California separates decision-making from parenting time.

• How Do I Get My First Child Custody and Visitation Order in California?
• How Do Unmarried Parents Get Custody and Visitation Orders in California?
• Legal Custody vs. Physical Custody in California: What’s the Difference?
• What Is the “Best Interest of the Child” Standard in California Custody Cases?
• I Want Full Custody of My Child: What Does “Full Custody” Mean in California?
• How Do I Prepare a Request for Order and Declaration in a California Custody Case?

Legal custody and decision-making

Read these guides if you disagree about school, therapy, medical care, activities, or who gets final say.

• Joint Legal Custody in California: Who Makes Medical, School, and Other Decisions for Your Child?
• What Happens When Parents With Joint Legal Custody Disagree?
• Can My Co-Parent Change Our Child’s School Without My Consent?
• Can One Parent Start Therapy or Make Medical Decisions Without the Other Parent’s Consent?
• Can the Court Give One Parent Final Say Over School or Medical Decisions?
• What Can I Do if the Other Parent Keeps Making Decisions Without Me?
• Who Decides a Child’s Religious Upbringing When Parents Share Legal Custody?
• Can One Parent Sign a Child Up for Activities During the Other Parent’s Time?

Physical custody and parenting schedules

Use these guides to compare schedules and write terms for school days, holidays, travel, and exchanges.

• Joint vs. Sole Physical Custody in California: Where Does the Child Live?
• Can a Judge Order Joint Physical Custody if One Parent Objects?
• What Does “Primary Physical Custody” Mean in California?
• How Much Does the Current Parenting Schedule Matter in a Custody Case?
• Can Parents Share Physical Custody if They Live Far Apart?
• How Is 50/50 Custody Decided in California?
• How Does a California Court Determine a Parenting Schedule?
• How Do I Write a Parenting Plan That Works in California?
• How Do California Custody Orders Handle Holidays, School Breaks, and Summer Vacation?
• How Do California Courts Handle Custody for Very Young Children?
• How Does Parenting Time Affect Child Support in California?
• Child Custody for Children With Autism and Other Special Needs in California

Mediation and recommending counseling by county

Your appointment notice tells you which process to prepare for. We meet with clients before mediation or child custody recommending counseling to review what to say, how to say it, and what to propose. If you need a hearing, prepare the Request for Order, declaration, and proposed terms as well.

• What Happens at CCRC in Riverside and San Bernardino County?
• What Happens at Confidential Child Custody Mediation in Orange County?
• Parenting Plans by Age: A Guide for Orange County Parents
• Child Custody Mediation in Los Angeles County: Will the Mediator Make a Recommendation?
• Parenting Plans by Age in Los Angeles County
• How Does Child Custody Recommending Counseling Work in San Diego County?
• What to Know About Your Custody Case at the Lamoreaux Justice Center in Orange County?

Safety concerns, supervised visitation, and emergency orders

Start here if you are dealing with an urgent safety issue, allegations of abuse, or questions about how a visit can take place safely.

• Emergency Custody Orders in California: What Parents Need to Know
• Domestic Violence and Child Custody in California: How Family Code Section 3044 Can Change a Custody Case
• How Does Supervised Visitation Work in California, and When Can It End?
• How Does Alcohol Testing Work in a California Child Custody Case?
• What Happens if a Parent Makes False Allegations in a California Custody Case? | Edgar & Dow
• What Happens When a Parent Claims the Other Parent Is Turning the Child Against Them?
• What Happens When a Child Refuses Visitation in California?
• What Can I Do if My Co-Parent Does Not Return Our Child After Visitation?

Custody evaluations, children’s input, and trial

These guides explain how courts receive evidence and how parents can prepare for interviews, reports, and contested hearings.

• What Is Minor’s Counsel in a California Custody Case?
• Can a Child Choose Which Parent to Live With in California?
• How Does a 730 Custody Evaluation Work in California? | Edgar & Dow
• How to Prepare for a 730 Custody Evaluation in California
• What Is a Family Code Section 3111 Child Custody Evaluation?
• Can Text Messages and Social Media Posts Be Used in a California Custody Case?
• Can I Ask the Judge to Explain Why Joint Custody Was Granted or Denied?
• What Happens at a Contested Child Custody Trial in California?

Changing or enforcing an order

Review the filed order and identify the exact relief you need. A request to adjust parenting time may call for a different showing from a request to change a final custody determination.

• How Do I Change a Child Custody or Visitation Order in California?
• What Happens if a Parent Violates a Custody Order in California?
• What Can I Do About Missed or Late Custody Exchanges in California?
• Can I File Contempt for Violations of a Custody or Visitation Order?
• Can a Parenting Coordinator Help With Recurring Custody Disputes in California?
• Can I Ask the Judge to Reconsider a Custody Order?
• Can I Appeal a Child Custody Order in California?

Move-away cases, interstate orders, and international travel

Use these guides if a parent wants to relocate, a child may travel abroad, or another state issued the existing custody order.

• California Move-Away Custody Cases: Relocation, Burden of Proof, Burgess and LaMusga
• The Judge Approved an Out-of-State Move. When Can My Child Actually Leave?
• Can California Change an Out-of-State Custody Order After You Register It?
• Can My Co-Parent Take Our Child Out of the Country Without My Consent?

Grandparents and other family circumstances

Find the rules for grandparent visitation and what happens to custody when a parent dies.

• Can Grandparents Get Court-Ordered Visitation in California?
• Grandparent Visitation After a Parent Dies in California
• Who Pays Attorney Fees in a California Grandparent Visitation Case?
• Who Gets Custody When a Parent Dies in California?

Court forms and county resources

• California Courts: Ask for or change a custody and parenting time order
• Riverside Superior Court: Custody and visitation FAQs
• San Bernardino Superior Court: Family Court Services
• Orange County Superior Court: Parenting Plan Guidelines
• Los Angeles Superior Court: Child custody mediation
• San Diego Superior Court: Child custody recommending counseling
• San Bernardino Superior Court: Supervised visitation provider list
• Los Angeles Superior Court: Parenting plan guides
• San Diego Superior Court: Developing a Child Custody Parenting Plan

For help with a case in Riverside County, see our pages on joint child custody, child visitation, and child custody evaluations.

Speak with Edgar & Dow

Bring your current orders, the next hearing or mediation notice, and a short account of the issue affecting your child. If you need help preparing a custody request, responding to the other parent, or turning an agreement into a workable order, contact Edgar & Dow to schedule a consultation. Tell us your county, your next deadline, and what you need the order to address.

For representation, see our Riverside child custody page or Temecula child custody page. You can also read client reviews of Edgar & Dow.