How to File for Custody in California Without a Lawyer
Filing for custody in California without an attorney is legal, common, and entirely doable — if you know what you're filing and why. California courts are required to consider the best interests of the child above everything else. Your job is to show the court, clearly and specifically, what arrangement serves those interests.
What you're actually asking the court to decide
Custody in California has two parts. Legal custody is who makes decisions about the child's education, healthcare, and welfare. Physical custody is where the child lives and when. You can ask for sole or joint custody on either or both. Most courts prefer joint legal custody unless there's a reason not to — abuse, severe conflict, or one parent being absent. Physical custody arrangements vary widely depending on the child's age, each parent's schedule, and proximity.
The forms you need
Start with FL-300 — Request for Order. This is the form that opens a custody motion and sets a hearing date. Attach FL-311 to propose your specific custody and visitation schedule. If children have lived in more than one state or county in the last five years, also file FL-105 (UCCJEA Declaration) to establish jurisdiction. If support is also at issue, add FL-150 (Income and Expense Declaration).
What the court looks for
California courts use a list of factors to determine the best interests of the child — the child's age and health, each parent's relationship with the child, each parent's ability to provide stability, any history of domestic violence or substance abuse, and the child's ties to school, home, and community. The more specific and documented your position on each of these, the stronger your filing.
Serving the other parent
After you file, you must serve the other parent. Someone other than you — any adult not named in the case — personally hands them a copy of everything you filed. That person then completes FL-330 (Proof of Personal Service) and you file it with the court. Without proof of service, the hearing cannot proceed.
What happens at the hearing
At the hearing, both sides speak. The judge may ask questions. If you have a proposed parenting plan in your FL-311, the judge has something concrete to react to. Judges see dozens of cases — be direct, specific, and focused on the child, not on the other parent's character. The judge issues a temporary order at the hearing. A follow-up hearing may be set to make it permanent.
Filing fee
Filing an FL-300 typically costs $435 to $450 depending on your county. If you cannot afford the fee, file FW-001 (Application for Waiver of Court Fees) at the same time. The court will review your income and decide whether to waive the fee.
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