Request for Custody and/or Visitation Orders

Filing Fee

$60.00

A request to modify existing orders includes an additional $25 fee. If you have not yet paid a first paper fee of $435, that fee will also be due.
Fee waivers can be requested when a fee is due

Steps

1. Prepare Your Paperwork

A request for order sets a hearing with your judicial officer to request an order in your case. Common requests include custody, support and property orders. 

2. File with the Family Law Business Office

File your Initial Pleadings with the Family Law Business Office. Be prepared to pay a filing fee or submit a fee waiver.

3. Have Your Paperwork Served

Copies of your paperwork will need to be served (delivered) to the Respondent by an adult who is not a party to the case.

4. Appear at Your Hearing

Appear on time at your scheduled hearing to present your request and support facts and obtain orders from your judicial officer

Fee Waiver Forms

Form Form Code Sample
Request to Waive Court Fees FW-001 Example
Order on Court Fee Waiver (Superior Court) FW-003 Example
More information about fee waivers.

Recommended Forms

Form Form Code Sample
Request for Order FL-300 Sample
Family Court Services Screening Form FCS-046 Sample
Family Court Services (FCS) Data Sheet FCS-002 Sample

  • A Request for Order informs the court and other parties to the case what orders you're requesting and why. When you file a Request for Order, the Family Law Business Office will schedule a future hearing with your judicial officer and note the date, time and location on the first page of the Request for Order form. 

  • All Request for Order forms and documents submitted in support must be served to the other party or parties in your case before your hearing. For information about service, visit the California Judicial Council's Guide to Service of Court Papers, and follow the instructions to Complete a Proof of Personal Service, Complete a Proof of Service by Mail or Complete an Electronic Proof of Service.

  • A Request for Order can be filed within a Dissolution (Divorce), Legal Separation, Nullity, Parentage (paternity), Custody and Support or Domestic Violence Restraining Order case.

  • When filing a Request for Order for custody and/or visitation orders, the Family Law Business Office will schedule a child custody recommending counseling session with Family Court Services prior to your hearing with your judicial officer. 

Optional Forms

Form Form Code Sample
Attached Declaration MC-031 Sample
Attached Declaration in Support of Child Custody/Visitation Orders FLF-011 Sample
Notice of Intent to Lodge Documents D-235 Sample
Child Custody and Visitation (Parenting Time) Application Attachment FL-311 Sample
Request for Child Abduction Prevention Orders FL-312 Sample
Children's Holiday Schedule Attachment FL-341(C) Sample
Additional Provisions - Physical Custody Attachment FL-341(D) Sample
Joint Legal Custody Attachment FL-341(E) Sample
Interpreter Request/Cancellation Form ADM-348 Sample
Notice of Remote Appearance RA-010 Sample

  • Use the Attached Declaration or the Attached Declaration in Support of Child Custody/Visitation Orders to provide facts in support of your request. 

  • You may also submit a declaration by third-party witnesses in support of your request. See Submit a Declaration or Other Evidence to the Court.

  • Use the Notice of Intent to Lodge Documents to submit supporting exhibits, such as photographs, emails, text messages, police reports and other records. Please note that while a copy of Notice of Intent to Lodge Documents and your attached exhibits should be served to the other parties with your other Request for Order documents, the court will not accept its copy of the Notice of Intent to Lodge Documents and attached exhibits until 10 days or less before your scheduled hearing.

  • Use the custody and visitation attachments to provide more detail about the orders you're requesting. 

  • Use the Interpreter Request/Cancellation Form to request a court-assigned interpreter for your hearing and/or child custody recommending counseling session.

  • Use the Notice of Remote Appearance form to notify the court and the other parties to the case of your intention to appear by phone or video conference at the scheduled hearing. For information on appearing remotely, visit the San Diego County Superior Court's Family Law Hearings page.

Additional Resources

Related Form Collections

Related FAQs

You can ask for a change in your child support amount when there is a change in circumstances. For example, if you change the amount of time you spend with your child, you can ask for a change in your child support by filing a Request for Order.

Before you decide to ask for a change in child support, it is a good idea review the child support guideline in your case. Use the California Guideline Child Support Calculator to estimate how much child support the judge may order in your case. To understand how to fill in the information, it is important to view the instructions. Remember, this calculator only gives you an estimate. The amount the judge orders may be different based on information from the other parent or other factors that affect child support.

If you have a temporary restraining order, you may file an ex parte application with the court to request the termination of your temporary restraining order prior to your court hearing. If you've changed your mind and don't feel you have the need for the restraining order, you can also simply not appear at your hearing, which will result in a a dismissal of your request.

If you have a restraining order after hearing, you may file a Request for Order with the court to request the termination of your restraining order after hearing.