California Child Custody Procedure and Development of Court Orders

The parties may - and are encouraged to - enter into a written stipulation (agreement) on custody issues.

If the parties cannot agree, custody orders may be made at any time after the filing of an underlying divorce, paternity, or domestic violence action and may be modified at any time until the chilf(ren) turn eighteen. In contested cases, they are most commonly made:

1. At the time of the filing of the initial documents in a "Temporary Restraining Order"
2. Within a few weeks of the filing at a hearing on application for "Order To Show Cause"
3. At the time of trial

Modification of California Child Custody Orders:

Child custody orders may be modified at any time before they terminate as long as the party moving for the modification can show that there has been a change in circumstances affecting the welfare of the child(ren) since the last order.

Such changes in circumstances include (but are by no means limited to):

• Change in residence of one of the parents. (This may require a motion for a "move-away order")
• The desire of an older child to increase or decrease visitation.
• Evidence of abuse of a child.
• Alteration of the child(ren)'s school schedule

Arlene Kock has been prcticing family law for over 30 years. Her practice covers all aspects of divorce and related issues. She also handles domestic partnership terminations, and prenuptial agreements. She regularly appears in courts in the 10 Bay area counties and has represented clients on legal matters located in jurisdictions as far north as Cresent City and as far south as San Diego.