Children
Children
Child Custody and Visitation
If parents cannot agree on a parenting arrangement, the court will determine each parent’s rights and responsibilities. The court may make decisions about your children if:
- You are going through a divorce and cannot agree on matters affecting the children.
- You and the other parent were never married, and one parent has asked the court to issue orders establishing each parent’s rights and responsibilities.
- You are requesting a domestic violence restraining order and have children with the person to be restrained.
Custody refers to responsibility for caring for children and making plans for their future. The end of a relationship between parents does not usually mean the end of contact between them. Parents are encouraged to agree on a parenting plan that serves the best interests of their children.
Types of custody include:
- Joint custody: Both parents share physical and legal custody.
- Sole physical custody: The child lives primarily with one parent, while the other parent typically has visitation.
- Joint physical custody: Each parent has significant periods of physical custody.
- Sole legal custody: One parent has the authority to make decisions about the child’s health, education, and welfare.
- Joint legal custody: Both parents share decision-making authority for the child.
If parents cannot agree, the court will decide based on the child’s best interests. Courts generally favor arrangements that allow frequent and continuing contact with both parents. Before making a decision, parents must participate in child custody recommending counseling through Family Court Services.
Mediation
- Family Court Services provides mediation and custody recommending counseling for families with custody and visitation disputes.
- Parents meet with a counselor to try to reach an agreement regarding custody and visitation.
- If parents reach an agreement and neither is represented by an attorney, the court may prepare the stipulation.
- If no agreement is reached, the counselor must make a recommendation to the judge.
- The court may adopt the recommendation if it is in the best interest of the children and may also order visitation for grandparents, stepparents, or others.
Parent Orientation Program
Parents with disputed custody or visitation issues must complete mediation orientation before their court date. Orientation is available online only and is offered in both English and Spanish.
Orientation to Family Court Mediation and Child Custody Recommending Counseling (English)
Child Support
The Department of Child Support Services provides free services to all San Joaquin County residents. You may apply in person or online through the Department of Child Support Services.
To estimate child support under California guidelines, use the California Child Support Calculator.
If you cannot afford an attorney or plan to represent yourself, the Pro Per Clinic can review your paperwork and assist with completing forms.
Modifying Court Orders
Either parent may request a change to custody, visitation, or child support orders if circumstances have changed or a reasonable amount of time has passed.
You may request a modification to:
- Increase or decrease child support
- Change a child’s residence
- Adjust the amount of time a child spends with each parent
If both parents agree, it may be possible to avoid a court hearing by submitting a signed agreement or stipulation. Otherwise, a motion must be filed to request a hearing.
Before requesting a modification, you must:
- Have an existing San Joaquin County case and know your case number
- Obtain a copy of your most recent court order
Copies of court orders may be obtained from the Records Department at 180 E. Weber Avenue, Suite 413, Stockton, California 95202. Additional information is available through Records Management.
Family Court Services
Family Court Services assists families with custody and visitation disputes by providing mediation and custody recommending counseling. Services are provided when a custody or visitation action is filed with the court.
Online Resources
Interactive websites offering information on divorce and separation for children, teens, and parents include:
- Families Change – A guide to separation and divorce.