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How to File for Child Custody in San Diego, CA? 2025

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Are you wondering how to file for child custody in San Diego, CA? Child custody cases can be intimidating, especially if you are also in the middle of a divorce case. Oftentimes, these two scenarios go hand in hand, which can be a heavy burden to carry. One way to make the burden lighter is to find an experienced family lawyer who has handled cases similar to your own. They can answer questions, help you with paperwork, and even go to court with you.

Nobody should go through a custody battle alone. While you are fighting for your children, an experienced, compassionate family lawyer can fight on your behalf for your rights. Although you are not required by law to hire a lawyer, they can help ensure that your voice is heard and your children receive the support and guidance they need.

If you’re unsure how to file for child custody in San Diego, don’t navigate it alone. Andy Cook Law provides experienced, compassionate support to protect your rights and your children’s best interests. Contact us today to schedule a consultation and get the guidance you need.

First Steps in the Child Custody Process

The first step to take in filing for child custody in California is to legally open a case. This is done through filing the appropriate paperwork, which can be found on the California Courts website. Your case must be filed in the same county where your child lives. The three initial forms that must be filled out include:

  1. Summons (Uniform Parentage – Petition for Custody and Support) (form FL-210).
  2. Petition for Custody and Support of Minor Children (form FL-260).
  3. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105/GC-120).

There are additional informational forms you may need to attach to your initial file. The family lawyer you are working with can guide you through what needs to be attached and what does not apply to your situation. Once you have completed the necessary paperwork, you can file it with your local court.

The Child Custody Process

Once you have opened a child custody case, a specific sequence of events will follow. Although each case is unique, the basic steps include the following:

  • Your spouse will be served with child custody papers. You will designate another adult to physically deliver and hand your spouse the appropriate papers. There may be exceptions made for circumstances in which the other parent cannot be located or reached.
  • Your spouse must respond to the child custody papers, or, if they miss the deadline, you may finalize the petition by turning in a set of finalized forms.
  • Once all paperwork has been completed, served, and filed, you’ll wait for the judge to make a decision. There are many ways in which a judge may order your case to conclude, including a default, a written agreement, or a trial.

Child Counseling in San Diego County, California

There are many ways that children who have experienced divorce can benefit from counseling. In San Diego, there are a number of licensed counselors and therapists who strategically work with children of divorced parents. Some of them include:

One study from the Centers for Disease Control shows that nationally, the rate of remarriage for divorced women is 54% within a five-year time period. However, that still leaves 46% of women who may raise their children alone. For single mothers, it can be especially helpful to have the assistance and support of child counseling.

FAQs

Q: What Makes a Parent Unfit for Custody in California?

A: In order to legally prove that a parent is unfit for custody in California, an evaluation must be performed. Some reasons why a parent may be deemed unfit include neglecting the basic needs of their child, acting violently toward their child, abusing their child, using an illegal substance within the home, and more. In some cases, a parent who is mentally unstable or unwell may also be deemed unfit.

Q: What Documents Are Required to Gain Custody?

A: In order to gain legal custody of your child as a result of a divorce, there are a variety of documents you may be required to file and have approved by the court. In California, a Request for Order (form FL-300) can be filed to ask the judge to make or change an existing order regarding your child and custody. This paperwork is applicable to parents whose children are already involved in a family court case.

Q: How Can I Be Sure to Get Custody of My Child?

A: While you can never be absolutely sure that you will get custody of your child, there are steps you can take to improve your chances. In California, the role of the court and the judge is to make decisions regarding the best interests of your child.

When filing for custody, you may have the option to share information about yourself personally, financially, and professionally that may affect the judge’s decision. When filling out the paperwork, it can be helpful to have a lawyer present to guide you.

Q: What Is Child Custody in California?

A: In California, child custody refers to two specific types of custody: legal and physical. Legal custody is the responsibility to make decisions for your child, such as where they will attend school, which doctor they will visit when sick or for checkups, and which school they will go to. Physical custody is the responsibility of physically caring for the child. Both of these types of custody may be shared by both parents.

Andy Cook Law, Child Custody Lawyer

There are few things in life more difficult to navigate than the topic of child custody, especially as a parent. It can be complicated to make decisions that are in the best interest of your child, but also allow you to spend as much time with them as you would like. This is where an experienced family lawyer can step in and help you carry some of the weight of such a burden.

At Andy Cook Law, we are more than familiar with child custody cases. Andy Cook is a Certified Family Law Specialist, a certification that requires five years of extensive experience with family law cases specifically. He can help you navigate your child custody case with compassion, fighting for your rights and those of your children. Contact Andy Cook Law today to learn more about how we can help and answer any questions you may have.

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