Family Law Self Help
Getting Started On Your Own
You are not required to have a lawyer in your family law case. You may represent yourself, or you may want to hire a lawyer to handle just one part of your case. Most family law cases use court forms that are available for free at www.courtinfo.ca.gov or for a fee at any Superior Court in California. If you are filing your case in Imperial Superior Court, it is also suggested that you read Imperial County Local Rules, Chapter 5– Family Law, available at www.imperial.courts.ca.gov. Listed below are the forms used for the following types of family law cases and issues:
- Dissolution of Marriage, Legal Separation, Nullity
- Summary Dissolution
- Dissolution of Domestic Partnership, Legal Separation, Nullity
- Petition to Establish Parental Relationship
- Petition for Custody and Support of Minor Children
- Petition for Grandparent Visitation
- Conservatorship
- Guardianship
- Adoption
- Motions to Establish or Modify Orders
- Application and Order for Publication
- Application and Order for Service by Mailing and Posting
- Ex Parte Requests
- Petition for Joinder for Custody and Visitation
Dissolution of Marriage, Legal Separation or Nullity
Starting the case:
- California Judicial Council Forms
- Summons (FL-110)
- Petition (FL-100)
- Declaration of Disclosure (FL-140) (fill out one; one for other party)
- Schedule of Assets & Debts (FL-142) (fill out one; one for other party)
- Income & Expense Declaration (FL-150) (fill out one; one for other party)
- Property Declaration (FL-160) (fill out one; one for other party)
- Proof of Service of Summons (FL-115) (not for your signature)
- Response (FL-120) (for responding party to complete)
If you have children, you are required to complete:
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) (fill out one; one for other party)
If you have children, you may also use:
- Child Custody and Visitation Application Attachment (FL-311) (one for each party)
- Children’s Holiday Schedule Attachment (FL-341(C)) (one for each party)
- Additional Provisions – Physical Custody Attachment (FL-341(D)) (one for each party)
- Joint Legal Custody Attachment (FL-341(E)) (one for each party)
- Request for Child Abduction Prevention Orders (FL-312) (one for each party)
If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
- Imperial Superior Court Local Forms
- Case Management Questionnaire (Local Form FL-03)
After the petition is filed, the summons issued and a case number is assigned, the other party must be served by one of the following methods.
- If the other party resides in California, service must be made in person, or by substituted service if the conditions for substituted service as listed on Proof of Service of Summons (FL-115) can be met.
- If the other party resides outside of California but within the United States, service may be made in person, by signed notice and acknowledgment or by registered or certified mail with return receipt requested. If service is not in person, the other party will actually need to sign for receipt of documents.
- If the other party resides in Mexico, you may use Ex Parte Application for Order for Issuance of Letter Rogatory for Service of Process Abroad (Local Form FL-12) to ask the court to issue a letter rogatory to the Mexican court for assistance in serving the other party.
- If the other party cannot be located, service may be made by publication if the court grants an order for publication. To apply for an order for publication, use local form Ex Parte Application for Order for Publication of Summons; Order (Local Form FL-09).
- If you have been granted a fee waiver in a dissolution case, you may apply to the court for an order to have the other party served by mailing to the last known address and posting. Refer to Service of Summons by Mailing and Posting in Dissolution Cases (FL- 11 - INFO). Use local forms Declaration and Order for Service by Mailing (FL- 10(a)), and Attachment 3d to Proof of Service of Summons FL-115 Declaration of Service by Mailing and Posting in Lieu of Publication (CCP § 413.30) (FL-10(B))(click) and Judicial Council form Proof of Service of Summons (FL-115).
Responding to Dissolution, Legal Separation or Nullity:
Complete, file with the court and serve a copy of your Response (FL-120) on the other party, along with other forms that apply in your case. If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
Case Management Conference
When a petition for dissolution, legal separation or nullity is filed, the court automatically schedules a Case Management Conference in 180 days. The purpose of the conference is to allow the court to see how your case is progressing. Both parties are required to complete a Case Management Questionnaire (local form FL-03), serve it on the other party, and file the original with the court at least 15 days before the scheduled conference date.
If a Response (FL-120) is filed, there are two options:
- Wait for the trial date and let the judge decide, or
- Both parties sign a written marital settlement agreement.
Marital Settlement Agreement
If both parties agree on some or all of the issues they may complete and sign a marital settlement agreement (MSA) such as local form FL-11. The MSA is attached to the Judgment (FL-180) when it is submitted to the court for a judge’s signature. If no Response (FL-120) has been filed, no filing fee is charged for a respondent who signs a MSA containing proper reference to Government Code § 70671.
Finalize a Default Dissolution (if other party did not file a Response (FL-120)):
- California Judicial Council Forms
- Request to Enter Default (FL-165)
- Declaration for Default (FL-170)
- Declaration Regarding Service of Declaration of Disclosure (FL-141)
- Property Declaration (FL-160)
- Judgment (FL-180)
- Spousal, Partner or Family Support Order Attachment (FL-343)
- Property Order Attachment to Judgment (FL-345)
- Notice of Entry of Judgment (FL-190)
If you have children, you must also use:
- Child Support Case Registry Form (FL-191 or FL-191S)
- Notice of Rights and Responsibilities Health-Care Costs and Reimbursement Procedures/Information Sheet on Changing a Child Support Order (FL-192)
If you have children, you may also use:
o Child Custody and Visitation Order Attachment (FL-341)
- Children’s Holiday Schedule Attachment (FL-341(C))
- Joint Legal Custody Attachment (FL-341(E))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Child Support Information and Order Attachment (FL-342)
- Non-Guideline Child Support Findings Attachment (FL-342(A))
Contested Cases
If the parties cannot reach an agreement after a Response (FL-120) has been filed, the case may be set for a settlement conference and/or trial. If the court sets a settlement conference, both parties must file and serve a Mandatory Settlement Conference Statement (local form FL-04) at least ten days before the conference. If the court sets a trial date, both parties must file and serve a Trial Brief (local form FL-08) at least ten days before the trial date.
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Summary Dissolution of Marriage
(Forms for summary dissolution of domestic partnership are found at www.sos.ca.gov)
A summary dissolution of marriage is available to couples who:
- Have no children together, and wife is not pregnant
- Have been married five years or less
- Don’t own a house or land
- Have community property worth less than $38,000 (excluding cars)
- Have total community obligations of $6000 or less (excluding cars)
- Don’t want spousal support from each other
- Agree as to how their belongings and debts will be divided
Starting the case:
- California Judicial Council Forms
- Read and follow instructions in Summary Dissolution Information (FL-810)
- Joint Petition for Summary Dissolution of Marriage (FL-800) must be signed by both parties
- Income & Expense Declaration (FL-150) for each party
- Imperial Superior Court Local Forms
- Marital Settlement Agreement Local Form (FL-11)
Six months after filing, file Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment (FL-820).
If either party wants to cancel the summary dissolution, file Notice of Revocation of Petition for Summary Dissolution (FL-830).
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Dissolution of Domestic Partnership, Legal Separation, Nullity
Starting the case:
- California Judicial Council Forms
- Summons (FL-110)
- Petition (FL-103)
- Declaration of Disclosure (FL-140) (fill out one; one for other party)
- Schedule of Assets & Debts (FL-142) (fill out one; one for other party)
- Income & Expense Declaration (FL-150) (fill out one; one for other party)
- Property Declaration (FL-160) (fill out one; one for other party)
- Proof of Service of Summons (FL-115) (not for your signature)
- Response (FL-123) (for responding party to complete)
If you have children, you are required to complete:
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) (fill out one; one for other party)
If you have children, you may also use:
- Child Custody and Visitation Application Attachment (FL-311) (one for each party)
- Children’s Holiday Schedule Attachment (FL-341(C)) (one for each party)
- Additional Provisions – Physical Custody Attachment (FL-341(D)) (one for each party)
- Joint Legal Custody Attachment (FL-341(E)) (one for each party)
- Request for Child Abduction Prevention Orders (FL-312) (one for each party)
If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
- Imperial Superior Court Local Forms
- Case Management Questionnaire (Local Form FL-03)
After the petition is filed, the summons issued and a case number is assigned, the other party must be served by one of the following methods.
- If the other party resides in California, service must be made in person, or by substituted service if the conditions for substituted service as listed on Proof of Service of Summons (FL-115) can be met.
- If the other party resides outside of California but within the United States, service may be made in person, by signed notice and acknowledgment or by registered or certified mail with return receipt requested. If service is not in person, the other party will actually need to sign for receipt of documents.
- If the other party resides in Mexico, you may use Ex Parte Application for Order for Issuance of Letter Rogatory for Service of Process Abroad (Local Form FL-12) to ask the court to issue a letter rogatory to the Mexican court for assistance in serving the other party.
- If the other party cannot be located, service may be made by publication if the court grants an order for publication. To apply for an order for publication, use local form Ex Parte Application for Order for Publication of Summons; Order (Local Form FL-09).
- If you have been granted a fee waiver in a dissolution case, you may apply to the court for an order to have the other party served by mailing to the last known address and posting. Refer to Service of Summons by Mailing and Posting in Dissolution Cases (FL- 11 - INFO). Use local forms Declaration and Order for Service by Mailing (FL- 10(a)), and Attachment 3d to Proof of Service of Summons FL-115 Declaration of Service by Mailing and Posting in Lieu of Publication (CCP § 413.30) (FL-10(B)) and Judicial Council form Proof of Service of Summons (FL-115).
Responding to Dissolution, Legal Separation or Nullity:
Complete, file with the court and serve a copy of your Response (FL-120) on the other party, along with other forms that apply in your case. If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
Case Management Conference
When a petition for dissolution, legal separation or nullity is filed, the court automatically schedules a Case Management Conference in 180 days. The purpose of the conference is to allow the court to see how your case is progressing. Both parties are required to complete a Case Management Questionnaire (local form FL-03), serve it on the other party, and file the original with the court at least 15 days before the scheduled conference date.
If a Response (FL-123) is filed, there are two options:
- Wait for the trial date and let the judge decide, or
- Both parties sign a written marital settlement agreement.
Marital Settlement Agreement
If both parties agree on some or all of the issues they may complete and sign a settlement agreement. See local form FL-11 for a marital settlement agreement that can be adapted to dissolution of domestic partnership. The settlement agreement is attached to the Judgment (FL-180) when it is submitted to the court for a judge’s signature. Even if no Response (FL-123) has been filed, the respondent will be charged a first appearance filing fee for signing the settlement agreement. Government Code § 70671 only applies to dissolution of marriage cases.
Finalize a Default Dissolution (if other party did not file a Response (FL-123)):
- California Judicial Council Forms
- Request to Enter Default (FL-165)
- Declaration for Default (FL-170)
- Declaration Regarding Service of Declaration of Disclosure (FL-141)
- Property Declaration (FL-160)
- Judgment (FL-180)
- Spousal, Partner or Family Support Order Attachment (FL-343)
- Property Order Attachment to Judgment (FL-345)
- Notice of Entry of Judgment (FL-190)
If you have children, you must also use:
- Child Support Case Registry Form (FL-191 or FL-191S)
- Notice of Rights and Responsibilities Health-Care Costs and Reimbursement Procedures/Information Sheet on Changing a Child Support Order (FL-192)
If you have children, you may also use:
o Child Custody and Visitation Order Attachment (FL-341)
- Children’s Holiday Schedule Attachment (FL-341(C))
- Joint Legal Custody Attachment (FL-341(E))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Child Support Information and Order Attachment (FL-342)
- Non-Guideline Child Support Findings Attachment (FL-342(A))
Contested Cases
If the parties cannot reach an agreement after a Response (FL-123) has been filed, the case may be set for a settlement conference and/or trial. If the court sets a settlement conference, both parties must file and serve a Mandatory Settlement Conference Statement (local form FL-04) at least ten days before the conference. If the court sets a trial date, both parties must file and serve a Trial Brief (local form FL-08) at least ten days before the trial date.
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Petition to Establish Parental Relationship
(for never married parents)
Starting the case:
- California Judicial Council Forms
- Summons (FL-210)
- Petition to Establish Parental Relationship (FL-200)
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) (fill out one; one for other party)
- Child Custody and Visitation Application Attachment (FL-311) (fill out one; one for other party)
- Children’s Holiday Schedule Attachment (FL-341(C)) (fill out one; one for other party)
- Additional Provisions – Physical Custody Attachment (FL-341(D)) (fill out one; one for other party)
- Joint Legal Custody Attachment (FL-341(E)) (fill out one; one for other party)
- Request for Child Abduction Prevention Orders (FL-312) (fill out one; one for other party)
- Proof of Personal Service (FL-115) (not for your signature)
- Response to Petition to Establish Parental Relationship (FL-220) (for responding party to complete)
If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
- Imperial Superior Court Local Forms
- Case Management Questionnaire (Form FL-03)
After the petition is filed, the summons issued and a case number is assigned, the other party must be served by one of the following methods:
- If the other party resides in California, service must be made in person, or by substituted service if the conditions on Proof of Service of Summons (FL-115) can be met.
- If the other party resides outside of California but within the United States, service may be made in person, by signed notice and acknowledgment or by registered or certified mail with return receipt requested. If service is not in person, the other party will actually need to sign for receipt of documents.
- If the other party resides in Mexico, you may use Ex Parte Application for Order for Issuance of Letter Rogatory for Service of Process Abroad (Local Form FL-12) to ask the court to issue a letter rogatory to the Mexican court for assistance in serving the other party.
- If the other party cannot be located, service may be made by publication if the court grants an order for publication. Use local form Ex Parte Application for Order for Publication of Summons; Order (Local Form FL- 09).
- Note: Service by mailing to last known address and posting is not available.
Responding to Dissolution, Legal Separation or Nullity:
Complete, file with the court and serve a copy of your Response (FL-120) on the other party, along with other forms that apply in your case. If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
If the respondent files a Response (FL-220), there are two options:
- Wait for the trial date and let the judge decide, or
- Both parties sign a Stipulation for Entry of Judgment (FL-240).
Case Management Conference
When a petition to establish parental relationship, the court automatically schedules a Case Management Conference in 180 days. The purpose of the conference is to allow the court to see how your case is progressing. Both parties are required to complete a Case Management Questionnaire (local form FL-03), serve it on the other party, and file the original with the court at least 15 days before the scheduled conference date.
Finalize a Default Uniform Parentage Action (if other party did not file a response):
- Request to Enter Default (FL-165)
- Declaration for Default or Uncontested Judgment (FL-230)
- Advisement and Waiver of Rights (FL-235)
- Judgment (FL-250)
o Child Custody and Visitation Order Attachment (FL-341)
- Children’s Holiday Schedule Attachment (FL-341(C))
- Joint Legal Custody Attachment (FL-341(E))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Child Support Information and Order Attachment (FL-342)
- Notice of Entry of Judgment (FL-190)
- Child Support Case Registry Form (FL-191 or FL-191S)
- Notice of Rights and Responsibilities Health-Care Costs and Reimbursement Procedures/Information Sheet on Changing a Child Support Order (FL-192)
Optional forms:
- Children’s Holiday Schedule Attachment (FL-341(C))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Joint Legal Custody Attachment (FL-341(E))
- Child Abduction Prevention Order Attachment (FL-341(B))
- Non-Guideline Child Support Findings Attachment (FL-342(A))
Contested Cases
If the parties cannot reach an agreement after a Response (FL-220) has been filed, the case may be set for a settlement conference and/or trial. If the court sets a settlement conference, both parties must file and serve a Mandatory Settlement Conference Statement (local form FL-04) at least ten days before the conference. If the court sets a trial date, both parties must file and serve a Trial Brief (local form FL-08) at least ten days before the trial date.
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Petition for
Custody and Support of Minor Children
(married parents not divorcing)
Starting the case:
- California Judicial Council Forms
- Summons (FL-210)
- Petition for Custody and Support of Minor Children (FL-260)
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) (fill out one; one for other party)
- Child Custody and Visitation Application Attachment (FL-311) (fill out one; one for other party)
- Children’s Holiday Schedule Attachment (FL-341(C)) (fill out one; one for other party)
- Additional Provisions – Physical Custody Attachment (FL-341(D)) (fill out one; one for other party)
- Joint Legal Custody Attachment (FL-341(E)) (fill out one; one for other party)
- Request for Child Abduction Prevention Orders (FL-312) (fill out one; one for other party)
- Proof of Personal Service (FL-115) (not for your signature)
- Response to Petition to Establish Parental Relationship (FL-270) (for responding party to complete)
If child support is requested:
o Income & Expense Declaration (FL-150) (fill out one; one for other party)
If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
- Imperial Superior Court Local Forms
- Case Management Questionnaire (Form FL-03)
After the petition is filed, the summons issued and a case number is assigned, the other party must be served by one of the following methods:
- If the other party resides in California, service must be made in person, or by substituted service if the conditions on Proof of Service of Summons (FL-115) can be met.
- If the other party resides outside of California but within the United States, service may be made in person, by signed notice and acknowledgment or by registered or certified mail with return receipt requested. If service is not in person, the other party will actually need to sign for receipt of documents.
- If the other party resides in Mexico, you may use Ex Parte Application for Order for Issuance of Letter Rogatory for Service of Process Abroad (Local Form FL-12) to ask the court to issue a letter rogatory to the Mexican court for assistance in serving the other party.
- If the other party cannot be located, service may be made by publication if the court grants an order for publication. Use local form Ex Parte Application for Order for Publication of Summons; Order (Local Form FL- 09).
- Note: Service by mailing to last known address and posting is not available.
Responding to Petition for Custody and Support of Minor Children:
Complete, file with the court and serve a copy of your Response (FL- 270) on the other party, along with other forms that apply in your case. If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
If the respondent files a Response (FL-270), there are two options:
- Wait for the trial date and let the judge decide, or
- Both parties sign an agreement resolving the issues.
Case Management Conference
When a petition to establish parental relationship, the court automatically schedules a Case Management Conference in 180 days. The purpose of the conference is to allow the court to see how your case is progressing. Both parties are required to complete a Case Management Questionnaire (local form FL-03), serve it on the other party, and file the original with the court at least 15 days before the scheduled conference date.
Finalize a Default Petition for Custody and Support of Minor Children Action (if other party did not file a response):
- Request to Enter Default (FL-165)
- Declaration for Default or Uncontested Judgment (FL-230)
- Judgment (FL-250)
o Child Custody and Visitation Order Attachment (FL-341)
- Children’s Holiday Schedule Attachment (FL-341(C))
- Joint Legal Custody Attachment (FL-341(E))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Child Support Information and Order Attachment (FL-342)
- Notice of Entry of Judgment (FL-190)
- Child Support Case Registry Form (FL-191 or FL-191S)
- Notice of Rights and Responsibilities Health-Care Costs and Reimbursement Procedures/Information Sheet on Changing a Child Support Order (FL-192)
Optional forms:
- Children’s Holiday Schedule Attachment (FL-341(C))
- Additional Provisions – Physical Custody Attachment (FL-341(D))
- Joint Legal Custody Attachment (FL-341(E))
- Child Abduction Prevention Order Attachment (FL-341(B))
- Non-Guideline Child Support Findings Attachment (FL-342(A))
Contested Cases
If the parties cannot reach an agreement after a Response (FL-270) has been filed, the case may be set for a settlement conference and/or trial. If the court sets a settlement conference, both parties must file and serve a Mandatory Settlement Conference Statement (local form FL-04) at least ten days before the conference. If the court sets a trial date, both parties must file and serve a Trial Brief (local form FL-08) at least ten days before the trial date.
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Petition for Grandparent Visitation
California Family Code § 3104
In some situations, a grandparent may open a new case by filing a petition for visitation, requesting that the court order visitation with a grandchild. If the parents of the grandchild are married, the grandparent may file a petition for visitation ONLY IF:
- The parents are currently living separately and apart on a permanent or indefinite basis;
- One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse;
- One of the parents joins in the petition with the grandparent;
- The child is not residing with either parent;
- The child has been adopted by a stepparent.
The court’s decision may depend upon whether the child’s parent(s) object(s) to visitation by the grandparent, and upon whether the visitation would conflict with a right of custody or visitation of a parent who is not a party to the proceeding. The court may grant reasonable visitation rights with a grandchild ONLY IF both:
- The court finds that there is a prior relationship between the grandparent and the grandchild that a created a bond such that visitation is in the best interest of the child, and
- In deciding the matter, the court balanced the interest of the child(ren) in having visitation with the grandparents against the right of the parent to exercise their parental authority.
Starting a case:
Summons (Judicial Council Form SUM-100)
Petition for Grandparent Visitation (Local Form FL-15)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Judicial Council Form FL-105)
The petitioner shall give notice of the petition by personal service under Code of Civil Procedure Section 415.10 to:
- Each of the parents of the child,
- Any stepparent, and
- Any person who has physical custody of the child.
Grandparents and Other Close Relatives Where One or More Parents is Deceased
If either parent of a minor child is deceased, the children, siblings, parents and grandparents of the deceased parent may be granted reasonable visitation with the child upon a finding that the visitation would be in the best interest of the child. See California Family Code Section 3102 for more details.
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Conservatorship Clinic
The court may appoint a conservator for an adult who is not able to manage his or her own personal and/or financial affairs. In order to begin a case, you will need at least the following Judicial Council forms:
- Petition for Appointment of Probate Conservator (GC-310)
- Confidential Supplemental Information (GC-312)
- Confidential Conservator Screening Form (GC-314)
- Citation for Conservatorship (GC-320)
- Order Appointing Court Investigator (GC-330)
- Capacity Declaration – Conservatorship (GC-335)
- Notice of Conservatee’s Rights (GC-341)
- Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348)
- Notice of Hearing (GC-020)
- Proof of Personal Service of Notice of Hearing (GC-020P)
- Order Appointing Probate Conservator (GC-340)
- Letters of Conservatorship (GC-350)
For more information on Conservatorship clinics offered in partnership with Elder Law & Advocacy contact Elder Law & Advocacy at (760) 353-0223 or the Imperial Superior Court’s Access Center at (760) 482-2233.
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Guardianship
The court may appoint a guardian for a minor child in order to care for the child or the child’s financial affairs. The California Judicial Council provides a list of the forms needed in a guardianship case on Form GC-505 and GC-505S. At least the following Judicial Council forms are needed to start a guardianship case:
- Petition for Appointment of Guardian of The Person (GC-210(P) or GC-210(P)S) or Petition for Appointment of Guardian of Minor (GC-210)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (GC-120)
- Confidential Guardian Screening Form (GC-212)
- Notice of Hearing (GC-020)
- Proof of Personal Service of Notice of Hearing (GC-020P)
- Order Appoint Guardian (GC-240)
- Duties of Guardian (GC-248 or GC-248S)
- Letters of Guardianship (GC-250)
- Guardianship Pamphlet (GC-205) (also available in other languages)
- Duties of Guardian (GC-248 or GC-248S)
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Adoptions
There are several types of adoptions: stepparent, domestic partner, independent, agency and international. See the following California Judicial Council Forms to start a case:
- How to Adopt a Child in California (ADOPT-050)
- Adoption Request (ADOPT-200)
- Adoption Agreement (ADOPT-210)
- For Stepparent Adoptions:
- Application for Order and Investigation (Local Form FL-14)
- Request for Hearing (Local Form GN-01)
- Adoption Expenses (ADOPT-230)
- Contact After Adoption Agreement (ADOPT-310)
- Adoption Order (ADOPT-215)
- Adoption of Indian Child (ADOPT-220)
- Parent of Indian Child Agrees to End Parental Rights (ADOPT-225)
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Motions to Establish or Modify Orders
- California Judicial Council Forms
- Notice of Motion (FL-301)
- Application for Order & Supporting Declaration (FL-310)
- Proof of Personal Service (FL-330) or Proof of Service by Mail (FL-335) (not for your signature)
- Responsive Declaration (FL-320) (for responding party to complete)
If the issues relate to child custody or visitation, you may use:
- Child Custody and Visitation Application Attachment (FL-311) (fill out one; one for other party)
- Children’s Holiday Schedule (FL-341(C)) (fill out one; one for other party)
- Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) (fill out one; one for other party)
- Child Custody and Visitation Application Attachment (FL-311) (fill out one; one for other party)
- Children’s Holiday Schedule Attachment (FL-341(C)) (fill out one; one for other party)
- Additional Provisions – Physical Custody Attachment (FL-341(D)) (fill out one; one for other party)
- Joint Legal Custody Attachment (FL-341(E)) (fill out one; one for other party)
- Request for Child Abduction Prevention Orders (FL-312) (fill out one; one for other party)
If the issues relate to child or spousal support:
- Income & Expense Declaration (FL-150) (fill out one; one for other party)
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Ex Parte Requests
TEN TIPS FOR MAKING AN EX PARTE REQUEST
1. WHAT IS AN EX PARTE APPLICATION?
Most applications for court orders are made by giving the other party at least 16 court days’ notice. A request for an “ex parte” order is made by submitting papers asking the judge to make orders without giving the usual amount of notice.
2. EX PARTE APPLICATIONS ARE STRONGLY DISFAVORED
- If you need to have your hearing earlier than 16 court days before the hearing, you may ask the court for an ex parte order to shorten the time for serving and filing the papers supporting your application.
- Ex parte applications regarding child custody and visitation will be granted only upon a clear showing of immediate harm to the child or immediate risk that the child will be removed from California. FC § 3064(a).
- “Immediate harm” includes, but is not limited to, having a parent who has committed recent domestic violence, or domestic violence that is part of a continuing pattern, and sexual of the child, where the acts of sexual abuse are recent, or are part of a continuing pattern of sexual abuse. FC § 3064(b)
- Ex parte applications to change a child’s vacation or school or holiday schedule are disfavored. If you have a need for the court to hear such a matter, the court can make an order shortening time and notice for the matter to be heard.
3. IS EX PARTE RELIEF AVAILABLE FOR THE ISSUE I WANT THE COURT TO ASSIST ME WITH?
There is no need for an ex parte hearing for the following issues. If you need the signature of a judicial officer related to the following, please submit your documents to the family law filing clerk for presentation to the judicial officer for signing.
o Written stipulations
o Signature of judgment after default
o Joint request for advanced mediation (Local Form FL-05)
o Wage and earnings assignment order (Judicial Council FL 435)
o Restoration of former name after judgment
o Order for publication or posting
4. IF I NEED AN EX PARTE HEARING, WHAT PAPERS DO I NEED TO FILE? WHO CAN HELP ME?
You will need to fill out and file these local forms: a) Local Form FL-06(A) - Declaration re: Ex Parte Notice, and b) Local Form FL-06(B) - Application in Support of Ex Parte Request, and Request for Hearing (GN-01). See details below as how to fill in each form. If you need help filling out the forms go to the Access Center for assistance.
5. HOW DO I GIVE NOTICE?
Before 10:00 a.m. on the court day before the hearing, the party asking for an ex parte order must:
o Notify all other parties or attorneys of the nature of the relief sought, and the date, time and place for the presentation of the application, and
o Try to determine whether the opposing party will appear to oppose the application. (CRC 2.1202)
Local Form FL-06A Declaration re: Ex Parte Notice tells the court that you have given the other party the required notice of the fact that you are seeking an ex parte application, or the reasons you are excused from doing so. Keep in mind that:
o Notice can only be waived if it would cancel out the benefit of the requested relief or frustrate the purpose of the proposed order, or if the applicant would suffer immediate and irreparable injury before notice could be given.
o Notice may be excused if, following a good faith attempt, the giving of notice is not possible.
Even if you have not given notice by 10:00 am the court day before the ex parte appearance, the clerk must not reject the ex parte application for filing and must present it to the appropriate judicial officer for consideration. CRC 3.1205
6. HOW DO I TELL THE COURT WHAT I WANT?
Local Form FL-06B Application in Support of Ex Parte Request states the facts that support your request for relief. Include:
o Whether the order you are seeking will result in a change of the status quo. If you do not tell the court this information, you could be ordered to pay attorney’s fees or costs to the other party incurred to return to the status quo.
o Facts within your own personal knowledge, rather than your personal feelings and fears.
o The reason why the ex parte request cannot be heard on the court’s regular law and motion calendar.
7. WHAT HAPPENS NEXT?
Make an extra copy of your forms and take them to the family law filing clerk. Ex parte hearings are held at 1:30 p.m. in Department 3. The clerk will take your papers and the file to the judicial officer to review prior to the date and time of your previously scheduled ex parte hearing. At the ex parte hearing, the court may decide whether or not to grant relief based only on the pleadings, without listening to oral argument or testimony.
8. GIVE A COPY OF YOUR PAPERS TO THE OTHER PARTY. Parties appearing at the ex parte hearing must serve the application or written opposition on all other appearing parties at the first reasonable opportunity.
9. COME TO THE EX PARTE HEARING. You must appear in person at the ex parte hearing unless you have a stipulation for an order or other circumstances set forth in CRC 3.1207
10. PROPOSED ORDER: The application must be accompanied by a proposed order. If the court signs the order, a copy of it must be served on the other party within 24 hours by the means most likely to give actual notice of the order.
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Petition for Joinder for Child Custody/Visitation
California Family Code Section 3103
A non-parent, for example, a grandparent, may ask the court for permission to join in a pending family law case that involves minor children. See California Rules of Court 5.154, 5.158.
California Judicial Council Forms
o Notice of Motion and Declaration for Joinder (FL-371)
o Responsive Declaration to Motion for Joinder/Consent Order of Joinder (FL-373)
o Proof of Service by Mail – Judicial Council (FL-335)
o Summons (Joinder) (FL-375)
o Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act (FL-105)
Use Imperial County Superior Court Local Form:
- Petition for Joinder (Custody/Visitation) – Local Form FL- 13
This process involves several steps.
1. Complete the following forms: Notice of Motion and Declaration for Joinder (FL-373), Summons (FL-375), Petition for Joinder (Custody/Visitation) (Local Form FL - 13) and Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act (FL-105).
2. File Notice of Motion and Declaration for Joinder (FL-373) with a copy of these forms attached: Summons (FL-375), Petition for Joinder (Custody/Visitation) (Local Form FL-13) and Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act (FL-105).
3. Have someone else serve a copy of the Notice of Motion and Declaration for Joinder with copies attached and the blank Responsive Declaration to Motion for Joinder (Judicial Council Form FL-373) on the parties/attorneys by mail or in person. Have the person who served the documents complete and file either a Proof of Service by Mail (Judicial Council Form FL-335) or a Proof of Personal Service (Judicial Council Form FL-330).
4. Attend the hearing. If the motion for joinder is granted, file your Petition for Joinder, Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act and have the filing clerk issue the Summons.
5. Have someone else serve a copy of the Summons, Petition for Joinder and Declaration Under Uniform Child Custody Jurisdiction & Enforcement Act on each of the parties personally. The person who served these documents must complete and file a Proof of Personal Service (page 2 of the Summons) for each person served.
6. Once the proofs of service have been filed, the Joinder process is complete. You may then file papers to obtain the child custody or visitation rights you are seeking.
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Imperial County Superior Court Access Center
The Superior Court’s Access Center is available to assist you with many family law matters including dissolution, legal separation, nullity, child custody and visitation, child support, spousal support, grandparent visitation. Limited services are also available relating to conservatorship, guardianship and adoption. The Access Center can help you to begin a new case or to ask the court to make or change orders in a case that is already open.
Please be advised:
- Legal information is given, but not legal advice
- There is no attorney-client relationship between Access Center personnel and a person who uses the Access Center
- Communications with Access Center staff are not privileged
- Access Center staff provides services to all parties in a case
- Services are not intended to give an advantage to one party over the other
- Please do not bring your children; you will be too busy to take care of them
Visiting the Access Center
Hours: 8 a.m. – 12 p.m. and 1 p.m. – 4 p.m.
Lower level of the Superior Court, 939 Main St., El Centro CA
To open a new case for dissolution or parentage, or to make a motion, you must schedule an appointment to attend a workshop. To make an appointment, call 760 482-2234 or email accesscenter@imperial.courts.ca.gov. “Walk-In” days are reserved for issues not included in workshops, and customers are served ‘first come, first served’ until daily capacity is filled. Click here to see the Workshop/Walk-In Schedules.
Other Resources
The Access Center has prepared informational brochures on a number of topics.
- Self Represented Litigant Services
- Programa de Auto-Representation Legal en Derecho Familiar
- Family Court Mediation
- Información Sobre la Mediación
- International Judicial Assistance
- Auxilio Judicial Internacional
INTERNET SITES
Courts
Imperial County Superior Court www.imperial.courts.ca.gov
California Courts Online Self Help Center: www.legalselfhelp.ca.gov
Centro de Ayuda de las Cortes de California: www.sucorte.ca.gov
California 4th District Court of Appeal:
www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrictDiv1/4dca_stepbystep
Child Support
California Department of Child Support Services: www.childsup.ca.gov
California Guideline Child Support Calculator:
www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx
California Laws
California Codes and Constitution: www.leginfo.ca.gov
Libraries
Ask Now Law Librarian: www.247ref.org/portal/access_law3.cfm
Public Law Library: www.publiclawlibrary.org
Blank Pleading Paper www.saclaw.lib.ca.us
Legal Services Providers
Legal Aid Referrals: www.lawhelp.org
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Center for Family Solutions: www.womanhaven.org
Elder Law & Advocacy www.seniorlaw-sd.org
California Senior Legal Hotline www.seniorlegalhotline.org
