HOW TO GET TEMPORARY CHILD CUSTODY ORDERS AT START OF DIVORCE - VIDEO #53 (2021)

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Third video in an 11 part series of tutorial videos on how to handle a contested divorce case in California. This video explains how to get temporary child custody orders at the very beginning of a contested divorce while waiting to get to trial.

You can obtain temporary child custody orders using the Request For Order FL-300, which we also refer to as an RFO. Before you file your RFO FL-300 seeking temporary child custody orders, you need to first watch the earlier video in the “Getting Educated” series that discusses child custody. Before you file a motion asking the court to issue a temporary child custody order, you need to understand the various types of child custody orders the court can make.

The FL-300 is a 4 page form. On page one, you fill out the caption, like any other court form. Just below the caption, you check the various boxes to indicate the type or types of temporary orders you are requesting. If you want child custody orders, check both the child custody box and the visitation box. In line 1, type in the name of the other party and check the box indicating whether the other party is the Petitioner or Respondent. Leave the rest of page 1 blank. The court clerk will fill in the information regarding the date, time, and department for the hearing when you file the FL-300 with the court clerk.

If you want a temporary child custody order, you are going to check box #2 on page 2. Check both the “Child Custody” box and the “Visitation (Parenting Time) box just below it. Then, in section 2(a) list the names and dates of birth of the children. Then, check the “Legal Custody” box and indicate the type of legal custody you want. Put one of the following words under the line that reads: “Legal Custody to”: Write “Petitioner”, “Respondent” or “Joint”. If you put, “Petitioner”, you are requesting that Petitioner have sole legal custody. If you put, “Joint”, you are requesting that the court make a joint legal custody order. Next, check the “Physical Custody” box and indicate the type of physical custody you want. Again, write, “Petitioner”, “Respondent” or “Joint”.

In section 2(b) of the FL-300, you will describe in more detail exactly what you are requesting regarding a custody order.

After you have described in detail the child custody orders you want in section 2(b), then explain in box 2c of the FL-300 why the orders you are requesting are in the best interest of the children.

If there is any additional information you want the court to know, put that information in section #10 on page 4, and if there is not enough room, put the information in an attachment. Then, date and sign the form. Make two copies and go file the FL-300 with the court clerk. The clerk will charge you a filing fee.

When you apply for temporary custody orders, the court is usually going to require you and your spouse to participate in a process to resolve the custody issues before you attend the hearing on your FL-300. The process you are required to participate in is going to vary dramatically from county to county.

Most counties have a department that is called “Family Court Services” or a name similar to Family Court Services. After you file your FL-300 that contains a request for child custody orders, you will be instructed to call Family Court Services. Family Court Services may require you and your spouse to participate in a short class or workshop designed to increase the likelihood that you will be able to reach a custody agreement with your spouse and to provide you with useful information on how to co-parent your children. Not all counties require you to take a class or workshop.

The court or Family Court Services will also likely require you and your spouse to participate in “child custody mediation” or “child custody recommending counseling” before the hearing on your RFO.

The only people that participate in the mediation process are you, your spouse, and the mediator or recommending counselor. Occasionally, the mediator will ask to interview the children. Typically, children are interviewed when they are older, such as 12 years old or older. If the children are interviewed, they will be interviewed separately, at a different time.

Видео HOW TO GET TEMPORARY CHILD CUSTODY ORDERS AT START OF DIVORCE - VIDEO #53 (2021) канала Free Divorce