To establish child custody in Los Angeles, parents who were never married first establish parentage by filing a Petition to Establish Parental Relationship (form FL-200); parents in a divorce case request custody within that case. Either way, you ask the court for legal and physical custody and a parenting schedule using a Request for Order (FL-300), attend Family Court Services mediation, and let the judge decide based on the best interest of the child. Changing an existing order uses the same Request for Order process. Flat-fee document preparation makes this possible without hiring an attorney.
Key Takeaways
- Establish parentage first if unmarried: If parents were never married, custody usually starts with a Petition to Establish Parental Relationship (FL-200).
- Request for Order sets custody: A Request for Order (FL-300) asks the court for legal custody, physical custody, and a visitation schedule.
- Mediation is required in LA: When parents disagree, Los Angeles sends them to Family Court Services mediation before a judge rules.
- Best interest of the child governs: Custody is decided on the child's health, safety, and welfare — not the parent's gender.
- Same process to modify: Changing an existing custody or visitation order uses the same Request for Order.
Custody questions come up in two main situations: parents who were never married and need a custody order for the first time, and parents who already have an order that no longer fits their lives. California handles both through the family court, and in both the guiding question is the same — what arrangement is in the best interest of the child.
This guide walks through establishing parentage, getting a first custody order, and modifying an existing one in Los Angeles County. If you'd like it prepared for you, our child custody and support document preparation service handles the paperwork at a flat fee. We are a registered legal document assistant, not a law firm, so we do not give legal advice.
Legal vs. Physical Custody
Before you ask for custody, it helps to know exactly what you're asking for. California splits custody into two parts:
- Legal custody — the right to make major decisions about the child's schooling, healthcare, and welfare. Can be joint (shared) or sole.
- Physical custody — where the child lives day to day. Can be joint or primarily with one parent, with visitation for the other.
Many California families share joint legal custody while one parent has primary physical custody and the other has a set visitation schedule. The details go into a parenting plan attached to the custody order.
Step One: Establish Parentage (If Parents Were Never Married)
If the parents were married, parentage is already presumed and custody is handled inside the divorce case. But if the parents were never married, the court usually cannot make custody or child support orders until legal parentage is established.
That's done by filing a Petition to Establish Parental Relationship (FL-200). This case can establish who the child's legal parents are and, in the same action, set custody, visitation, and child support. Establishing parentage is often the necessary first step for a father seeking parenting time, or for a mother seeking support.
| Form | What it does |
|---|---|
| FL-200 — Petition to Establish Parental Relationship | Opens a parentage case and asks the court to establish legal parentage (used when parents were never married). |
| FL-300 — Request for Order | Asks the court for custody, visitation, and a parenting schedule (used to establish or to modify). |
| FL-311 — Child Custody and Visitation Application Attachment | Details your proposed legal/physical custody and the specific parenting schedule. |
| FL-105 — UCCJEA Declaration | Gives the court the child's residence history it needs before making custody orders. |
Step by Step: Getting a Custody Order
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Open or identify your case
If you're divorcing, custody is decided within your dissolution case. If you were never married, file a Petition to Establish Parental Relationship (FL-200) to open a parentage case. Either way, you need an active case number before the court can make custody orders.
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File a Request for Order (FL-300)
Ask the court for the specific custody and visitation you want. Attach the Child Custody and Visitation Application Attachment (FL-311) with your proposed legal custody, physical custody, and a concrete parenting schedule — days, exchanges, holidays. The clerk assigns a hearing date.
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Serve the other parent
The other parent must be served with your filed Request for Order and attachments by someone 18 or older who is not you, with enough notice before the hearing. File a Proof of Service so the court knows it was done properly.
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Attend Family Court Services mediation
In Los Angeles, when parents don't agree, the court sends them to mediation through Family Court Services before the judge decides. A neutral counselor helps you try to build a parenting plan. If you reach agreement, it can become the court's order.
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Attend the hearing
If mediation doesn't fully resolve custody, the judge decides at the hearing, applying the best-interest-of-the-child standard. The judge can adopt all or part of a proposed plan and issue temporary or final custody and visitation orders.
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Get the order signed and filed
The custody and visitation terms are written into a Findings and Order After Hearing, signed by the judge, and filed. That signed order is what's enforceable — keep a copy, because it governs the schedule going forward.
The Best-Interest-of-the-Child Standard
California custody decisions turn on one question: what is in the child's best interest? Gender is not a factor — the law does not favor mothers over fathers. Judges weigh things like:
- The health, safety, and welfare of the child
- Any history of abuse or substance misuse by a parent
- The nature and amount of contact the child has with each parent
- The child's need for stability and continuity
The policy goal is frequent and continuing contact with both parents, so long as that's safe for the child. Because the standard is broad, how clearly you present your proposed parenting plan matters.
Modifying an Existing Custody or Visitation Order
Life changes — a parent moves, a work schedule shifts, a child's needs evolve. To change an existing order, you file a Request for Order (FL-300) explaining what has changed since the last order and proposing the new arrangement. As with a first order, if the parents disagree you'll typically attend Family Court Services mediation before the hearing.
Common reasons parents come to us for a modification:
- A father seeking more parenting time than the current order allows
- A parent needing to adjust the schedule after a move or job change
- Parents who now agree on a new schedule and need a stipulation prepared for the judge
- A parent responding to the other parent's request to change custody
Custody and child support often go together. Once custody and the parenting timeshare are set, child support is calculated from that timeshare and each parent's income. If you also need to set or change support, see our guide on increasing or reducing child support in Los Angeles — or ask us to prepare both at once.
How We Help
We prepare your complete custody paperwork — the parentage petition if you need one, the Request for Order, the custody and visitation attachment with your proposed parenting plan, and the proof of service — and explain where to file, how to serve, and what to expect at mediation and the hearing. If both parents agree, we prepare a stipulation for the judge to sign. Flat-fee pricing with payment plans, and service in English, Spanish, and Filipino. We are a registered legal document assistant, not a law firm; we do not give legal advice.
Frequently Asked Questions
How do I get custody of my child in California?
If you already have a family law case (like a divorce or parentage case), you request custody by filing a Request for Order (form FL-300) asking the court for legal and physical custody and a parenting schedule. If the parents were never married, you usually first establish parentage by filing a Petition to Establish Parental Relationship (FL-200). In Los Angeles, parents are then sent to Family Court Services mediation before the judge decides custody based on the best interest of the child. We prepare the paperwork at a flat fee; we are not attorneys and cannot give legal advice.
What is the difference between legal and physical custody?
Legal custody is the right to make important decisions about the child — school, healthcare, religion. Physical custody is where the child actually lives. Either can be joint (shared) or sole (one parent). It's common for California parents to share joint legal custody while one parent has primary physical custody and the other has visitation. The exact split is set out in the parenting plan attached to the custody order.
How does a father get custody or more parenting time in California?
California law does not favor mothers over fathers — custody is decided on the best interest of the child, not the parent's gender. A father seeking custody or more time files a Request for Order (or, if parentage hasn't been established, a Petition to Establish Parental Relationship first), proposes a parenting schedule, and attends mediation. If parentage is already established and an order exists, he files to modify it. We regularly prepare custody and parentage paperwork for fathers seeking more time with their children.
What is the best interest of the child standard?
California courts decide custody based on what is in the best interest of the child. Judges look at the child's health, safety, and welfare; any history of abuse or substance misuse; the nature and amount of contact with each parent; and the child's need for stability and continuity. The goal is frequent and continuing contact with both parents where that is safe. Because it's a broad standard, how your request and parenting plan are presented matters.
How do I change an existing custody or visitation order?
To change an existing order, you file a Request for Order (FL-300) asking the court to modify custody or visitation, explain what has changed since the last order, and propose the new schedule. As with support, the court generally wants to see a change in circumstances or that the change serves the child's best interest. In Los Angeles you'll typically attend Family Court Services mediation before the hearing. We prepare the full modification package.
Do we have to go to mediation in Los Angeles custody cases?
Yes. In Los Angeles County, when parents disagree about custody or visitation, they are required to attend mediation through Family Court Services before the judge makes a custody decision. Mediation is a chance to work out a parenting plan with a neutral counselor. If parents reach agreement, it can become a court order. If not, the case proceeds to a hearing. We make sure your paperwork is filed correctly so you're ready for the mediation and hearing dates.