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Family Law & Support

Family Law & Support

Family Law Items Pending

The Court is experiencing a processing backlog in Family Law. These are rough estimates intended to give a general idea of where the Court is in its workflow. The Court is unable to provide specific timelines for when individual items will be completed.

If you are checking the status of an item and the date of your submission is significantly earlier than the date displayed, contact the Clerk’s Office for assistance during regular business hours.

The Court understands that timely processing is important and is working to process items as quickly as possible. Thank you for your patience as clerks work through the backlog.

This information is updated every business Friday by 5:00 p.m.

Family Law Items Pending
Item NameDate of Processing
At-IssuesMid January
Default without JudgmentEarly March
EfilingEarly March
Findings and Order After Hearing-Court preparedLate February
Findings and Order After Hearing submittedEarly March
Income Withholding OrdersWithin 2 Weeks
Judgments Late December
Mail & Drop BoxEarly February
Qualified Domestic Relation OrdersWithin 2 Weeks
Writs/AbstractsWithin 2 Weeks

Family Law Information

The San Joaquin Superior Court accepts filings relating to Dissolution of Marriage, child custody and visitation, paternity, family support, Domestic Violence Restraining Orders, Elder Abuse Restraining Orders, and adoptions. Below is information covering common questions regarding family law cases.

Information for Parents Sharing Custody During the COVID-19 Pandemic (PDF)

Family Law and Support Division

Court Calendars

Department 4A, 4B, and 5A Calendars

Court begins promptly at 8:15 AM in all courtrooms. The public is expected to dress appropriately when attending court. Shorts and tank tops are not allowed in the courtrooms.

Remote Hearings

To attend a Law and Motion matter or an Ex Parte hearing remotely as permitted under Local Rule 7-116, or if granted approval for any other type of Family Law hearing (including Domestic Violence hearings) pursuant to Local Rule 7-115, follow the instructions below.

The courtroom clerk may make announcements and the judge or clerk will call the calendar. Please mute your phone when you are not speaking and unmute when you are speaking.

Call (209) 992-5590 a few minutes prior to your hearing time. Follow the prompts and use the bridge number and PIN for the department where your case will be heard:

  • Department 4A: Bridge 6950, PIN 8348
  • Department 4B: Bridge 6944, PIN 1475
  • Department 5A: Bridge 6942, PIN 4178

If your matter is not permitted to be heard remotely or approval has not been granted, the matter may not be heard. It is the party’s or attorney’s responsibility to comply with local rules to avoid delay.

Fees

View the Statewide fee schedule for Family Law-related cases. The filing clerk will notify you of the filing fee at the time of filing.

You may download a fee waiver from the California Courts website and submit it with your filing.

Filings

Clerks cannot assist you in completing your forms. For help completing forms or determining which forms may apply to your situation, visit the Pro Per Clinic. For filing window hours, see the general information page.

Mediation and Child Custody Recommending Counselors

Mediation is provided by the court at no cost to families who need help reaching an agreement regarding child custody and visitation. All matters scheduled for child custody or visitation for the first time must complete the mandatory mediation orientation.

To reduce the spread of illness, litigants are not ordered to attend Mediation Orientation training in person, but are instructed to watch the video before their court appearance:

If you have multiple reasons for appearing in court (such as custody/visitation and support), custody/visitation will be heard in Department 4A and may then be transferred to Department 5A or DCSS (Room 503 on the 5th Floor) for support issues. Check with the courtroom clerk before leaving.

Family Support Division

Family Support filings can be made on the 4th Floor at 180 E Weber Ave., Stockton, CA 95202. See the department’s office hours above.

If you will appear in Department 5A for support issues, you may be asked to present proof of employment, proof of income, and proof of expenses. Not having this information may delay your appearance.

Helpful Information

  • The court only provides interpreters in limited cases. Check with the filing clerk to see if you qualify. If you do not qualify, you must provide your own interpreter. If you do not bring an interpreter, your hearing may be postponed.
  • Do not bring children to your court date unless ordered by the court. Courtroom discussions are not appropriate for children, and the lobby may be tense. If you must bring children while filing, they must be supervised at all times.
  • Proper attire must be worn in all courtrooms. Shorts and tank tops are not allowed. If you are not dressed appropriately, you may not be allowed to enter, your case may be rescheduled, or the court may rule in your absence.
  • Be on time for all court appearances and scheduled appointments. If you are late, your case could be postponed or the judge could rule against you.
  • If you need an accommodation, download the Request for Accommodations form (MC-410) and submit it to the clerk at the family law window.

Department of Child Support Services

The Department of Child Support Services (DCSS) is not a branch of the Court.

DCSS can assist with collecting support on an existing court order and helping establish an order for support, paternity, and medical insurance issues. Contact DCSS directly for more information.

Domestic Violence and Elder Abuse Restraining Orders

Filing a Restraining Order

If you are a domestic violence or elder abuse victim, you can file a request in Superior Court. The court provides restraining order packets. Packets may be obtained at any court branch during regular business hours, online in the Form Packets section of this website, or at the California Courts website.

Documents may be typed or hand-printed in blue or black ink and must be legible. Do not use lined paper or colored paper for declarations. Declarations and exhibits are limited to 10 pages each unless you have prior permission to submit a longer declaration.

If submitted to the clerk’s office no later than 10:00 AM, and completed correctly, the order may be available for pickup at 3:30 PM the same day.

You are not required to disclose your address and phone number. If you choose not to disclose this information, write “Confidential” in place of your address and phone number.

For shelter or community services in San Joaquin County, you may contact:

Other services that may be helpful:

  • Child Protective Services: (209) 468-1333
  • San Joaquin County Family Justice Center: (209) 468-2500
  • Even if police have arrested your attacker, release from jail may happen at any time. It is your responsibility to request notification of an inmate’s release.
  • You can ask the District Attorney to file a criminal complaint. You also have the right to file a civil suit for losses suffered as a result of the abuse.
  • Sexual assault by a person known to the victim, including a spouse, is a crime.

Elder Abuse Restraining Orders

Assistance for Elder Abuse restraining orders is available through the Department of Aging. Call (209) 468-1104 or (800) 510-2020 to schedule an appointment.

Representing Yourself

It is often wiser to be represented by an attorney. Family Law proceedings can have long-term consequences. Judges and clerks are prohibited by law from giving legal advice.

  • Consider obtaining preliminary legal advice to understand your legal issues and options.
  • Learn about the Pro-Per Clinic.
  • Be prepared to explain what you want to accomplish and present the most important points first.
  • Speak directly to the judge or commissioner when your case is called. Do not argue with the other party. Court staff cannot discuss your case outside of court.

Findings and Order After Hearing Procedure

A Findings and Order After Hearing will be provided only when the judge orders it to be prepared by court staff. Turnaround time depends on workload. If you completed a return envelope during your hearing, the order will be mailed. Otherwise, the prevailing party must prepare and submit the order.

Instructions for Preparing a Findings and Order After Hearing

  • FOAH forms are available in your forms packet, online at California Courts, or at the clerk’s office (4th Floor, 180 E Weber Ave., Stockton, CA 95202).
  • Print neatly in blue or black ink.
  • Include all rulings made during your hearing. If needed, you can purchase a copy of the minute order. Wait at least two days after the hearing date before purchasing. Copies cost $0.50 per page. Call Records Management at (209) 992-5697 to confirm it is ready.
  • Return completed forms to the Clerk’s Office as soon as possible. Processing time varies. Do not call to check document status.
  • To receive the order by mail, include a self-addressed stamped envelope with proper postage. Orders without return postage may be picked up within 30 days during regular business hours. Items not retrieved within 30 days of processing will be shredded.
  • If the other party was in court, mail them a copy. If they were not in court, they must be personally served. File the Proof of Service after service is completed.

Court Notes for Litigants in Department 5A

Prior to your court appearance, read the Advisement of Rights Pursuant to Family Code §4251(b) and (c) (PDF).

Court Notes for Attorneys Practicing Family Law

Local Rule of Court 7-103 requires parties to meet and confer prior to mediation. If complete settlement is not possible, counsel should discuss all issues, including vacation and holiday schedules, before requesting mediation. The court may ask what issues remain unresolved and each party’s position. Meet and confer should occur prior to court, not at the time the case is called.

Pleadings should clearly describe the requested parenting plan, including holidays and vacations. This information helps resolve cases prior to court and supports informed mediation and hearing decisions.

Family Law Records

Family Law records may be ordered through Records Management. Visit Records Management for information on requesting copies online, by mail, or in person.

Frequently Asked Questions

What forms do I need to modify my order?

For a list of forms needed to modify your order, see What forms do I need to modify my order? (PDF).

There are three Family Law departments. Where will my case be heard?

Departments are 4A, 4B, and 5A. A public calendar is posted daily at the information desk. You can look up your name (case listings are alphabetical) and the courtroom number will appear next to your name.

How much does mediation cost?

The mediation process is free. Only the judicial officer may appoint a mediator to your case.

If I have calendaring questions, who do I call?

Call the Family Law Department at (209) 992-5690. Clerks may assist with procedural questions but cannot provide legal advice.

Where do I leave a Request for Order for the judge or commissioner to sign?

Requests for Orders must be filed at the clerk’s office on the 4th Floor (Suite 413) of the Stockton Courthouse: 180 E Weber Ave., Stockton, CA 95202.

How do custody and visitation disputes get on calendar?

Upon filing, the clerk assigns a date and time to your Request for Order if it is completed correctly. Any Request for Order with accompanying Temporary Orders must first be reviewed by a judicial officer or commissioner before a hearing date can be assigned.

How do I calendar a matter that doesn’t involve custody or visitation issues?

Call the Family Law Department at (209) 992-5690. Clerk office phone hours are Monday–Friday, 8:00 AM to 4:00 PM.

How do I have both custody and financial issues heard on the same day?

File your Request for Order for both custody and financial issues. You will be assigned to an 8:15 AM calendar for mediation in courtroom 4A. Financial issues are heard after mediation on the same day. Remind the court you also have a financial hearing before leaving after custody/visitation is resolved.

How do I get a copy of a transcript?

Transcripts are obtained directly from the reporter and are not free. Contact the reporter from your hearing for an estimate and to arrange creation. Court Reporters may be reached at (209) 992-5442.

Why won’t the courtroom clerk help me?

Superior Court personnel are not permitted by state law to provide legal advice. The Lawyer Referral Service of the San Joaquin County Bar Association can be reached at (209) 948-4620. You may also visit the Self-Help Center at 180 E Weber Ave., Stockton, CA 95202.