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Child custody refers to the rights and responsibilities of parents to care for their children such as agreeing on a “visitation” order to determine how much time each parent will spend with the child(ren).  In California, parents can either share custody or one parent can have custody of the child(ren). After parents come to an agreement either through mediation or between themselves to decide on a parenting plan, the judge will review and approve the arrangement. This plan becomes a custody and visitation order once signed by a judge.
 

Child Custody:

Child Support:

Child support is money that a court orders one parent to pay the other parent every month to help support and pay for their child(ren)’s expenses. Child support may be requested by either parent or the legal guardian.  Child support is paid to the custodial parent for the support of the children of divorced or separated parents while the children are minors or until they emancipate. 

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If the parents are not married, it is necessary to establish paternity before requesting child support.

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After a judge makes a custody/visitation order, one or both parents may want to change the order. If the parties agree, the order can be modified without a formal hearing. A Stipulation and Order can be prepared and submitted to the Judge for signature, and the new order becomes effective once processed by the court. If the parents cannot agree on a change, one parent can ask the court for a change. This is done through a motion process that requires a court hearing and sometimes “mediation.” The parent seeking the modification will need to present facts sufficient to the court to prove that there is a change in circumstances, potential harm to the children or other good reason to change the order. Both parents will meet with an assigned mediator to talk about why the order should be changed prior to the scheduled hearing

Modification of Child Custody / Visitation / Child Support:

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