How to Get Sole Custody in California Without a Lawyer

You must file a petition to gain sole custody of your children.

California law requires that courts award custody where it is deemed to be in the best interests of the child. California allows for both joint and sole custody, where appropriate. While retaining a qualified attorney will greatly help your chances for obtaining sole custody, you can file the appropriate petition and appear at a hearing to request sole custody of the your child.

Things You'll Need

• Petition for custody
• Filing fees

Instructions

1. Draft your petition for custody. Visit your local courthouse to obtain the forms needed to complete the petition. Explain your reasons for desiring child custody and how you represent the best interests of the child compared to your spouse. File the completed form with the clerk's office, and upon pay the filing fee, you will receive a stamped copy of the petition along with a court date.

2. Serve the stamped copy on all related parties including any guardians which may have been appointed in the matter. Use a special process server for service. If you do not provide notice to all parties, the court will continue your petition. Once the other parties have received a copy of the petition, the court will allow them the opportunity to file a response, or to seek counsel if they so choose.

3. Argue your petition at the hearing. The judge overseeing your petition will hear your testimony and review any evidence you wish to present. Be sure to bring any witnesses such as extended family member to the hearing to illustrate to the court that the depth of your family's involvement with your child. If your spouse has been convicted of domestic violence, drug or violent criminal acts, be sure to subpoena the police officers that responded to those calls and drafted the police report, so that they are available to testify at your hearing.

Tips & Warnings

• If you cannot afford an attorney, California has many legal aid and non-profit legal providers who may be willing to assist you with your case.

• The court may ask that the parties attempt mediation prior to holding a hearing on your petition. It is advisable to participate in the mediation process to see if an amicable arrangement can be met by the parties.

References

• California Courts: Forms & Instructions for Custody & Visitation

Resources

• California Courts: Self-Help Center