Rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding
(a) Custody and visitation order from other court divisions
A juvenile court or probate court may transmit a custody or visitation order to a family court for inclusion in a pending family law proceeding or to open a new family law case file, after termination of a juvenile court proceeding or a probate guardianship proceeding under rules 5.700 and 7.1008.
(1)Procedure for filing custody or visitation orders from juvenile or probate court
(A)The custody or visitation order of a juvenile court or the visitation order of a former guardian must be filed in any pending nullity, dissolution, paternity, or other family law proceeding, or in any probate guardianship proceeding which affects custody or visitation of the child.
(B)If no dependency, family law, or probate guardianship proceeding affecting custody or visitation of the child is pending, the order may be used as the sole basis to open a file and assign a family law case number.
(C)The clerk must immediately file the custody or visitation order, without a filing fee, in the file of any family law proceeding affecting the custody and visitation of the child.
(2)Endorsed filed copy-clerk's certificate of mailing
Within 15 court days after receiving the order, the clerk must send, by first-class mail, an endorsed filed copy of the order showing the receiving court case number to:
(A)The persons whose names and addresses are listed on the order; and
(B)The court that issued the order, with a completed clerk's certificate of mailing, for inclusion in the sending court's file.
(Subd (a) amended effective January 1, 2007.)
(b) Modification of former guardian visitation orders-custodial parent
When a parent of the child has custody of the child following termination of a probate guardianship, proceedings for modification of the probate court visitation order, including an order denying visitation, must be determined in a proceeding under the Family Code.
(Subd (b) amended effective January 1, 2007.)
(c) Independent action for former guardian visitation
(1)If the court terminated a guardianship under the Probate Code and did not issue a visitation order, the former guardian may maintain an independent action for visitation if a dependency proceeding is not pending. The former guardian may bring the action without the necessity of a separate joinder action.
(2)If the child has at least one living parent and has no guardian, visitation must be determined in a proceeding under the Family Code. If the child does not have at least one living parent, visitation must be determined in a guardianship proceeding, which may be initiated for that purpose.
(3)Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) must be filed with a petition or motion for visitation by a former guardian.
(Subd (c) amended effective January 1, 2007.)
Rule 5.475 amended effective January 1, 2013; adopted effective January 1, 2006; previously amended effective January 1, 2007, and January 1, 2008.