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 →
Your situation — Step 1 of 12
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.
Your situation — Step 2 of 12
Because you're married, you need to open a family law case before the court can make custody orders. Here are your options.
Your situation — Step 2 of 12
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.
Your situation — Step 3 of 12
This affects how much of the process you'll need to go through. An agreement can become a court order without a full hearing.
Your request — Step 4 of 12
Select everything that applies to your situation. This determines which forms you'll need.
Your request — Step 5 of 12
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)
Your request — Step 6 of 12
Physical custody determines where the child primarily lives and which parent they spend time with day to day.
Courts want a specific, detailed parenting time schedule — not just "every other weekend." Be ready to propose exact days, times, and holiday arrangements. Vague schedules lead to future conflict.
Your schedule should cover: regular weekly days and times, holidays (which parent in odd vs. even years), school breaks, birthdays, and pick-up/drop-off location and responsibility.
Example: "Father shall have parenting time every other weekend from Friday at 6:00pm to Sunday at 6:00pm, beginning Friday March 1."
If you have safety concerns: You can request supervised visitation — where visits happen in the presence of a responsible adult or professional. State the specific reasons clearly in your declaration: dates, incidents, any involvement by law enforcement, CPS, or medical professionals.
Your request — Step 7 of 12
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.
Your forms — Step 8 of 12
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.
File & serve — Step 9 of 12
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.
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. Everything from this point — your serving deadline, the other parent's response deadline, your reply deadline — runs backward from this date. Don't lose it.
Many California counties allow you to file from home. Check e-filing options at courts.ca.gov ↗
📋 Stay on track: Use the My Case Checklist to stay organized and make sure every step is completed before your hearing.
File & serve — Step 10 of 12
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.
What's next — Step 11 of 12
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.
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.