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 courts or divisions
On termination of juvenile court jurisdiction under rule 5.700 or termination of a probate guardianship under rule 7.1008, the juvenile court or probate court will direct the transmission of its custody or visitation orders to any superior court in which a related family law custody proceeding or probate guardianship proceeding is pending for filing in that proceeding.
If no such proceeding is pending, the court terminating jurisdiction will direct the transmission of its order to the superior court of, in order of preference, the county in which the parent with sole physical custody resides; if none, the county where the child's primary residence is located; or, if neither exists, a county or location where any custodial parent resides.
(1)Procedure for filing custody or visitation orders from juvenile or probate court
(A)Except as directed in subparagraph (B), on receiving the custody or visitation order of a juvenile court or probate court, the clerk of the receiving court must file the order in any pending nullity, dissolution, legal separation, Uniform Parentage Act, Domestic Violence Prevention Act, or other family law custody proceeding, or in any probate guardianship proceeding that affects custody or visitation of the child.
(B)If the only pending proceeding related to the child in the receiving court is filed under Family Code section 17400 et seq., the clerk must proceed as follows.
(i)If the receiving court has issued a custody or visitation order in the pending proceeding, the clerk must file the received order in that proceeding.
(ii)If the receiving court has not issued a custody or visitation order in the pending proceeding, the clerk must not file the received order in that proceeding, but must instead proceed under subparagraph (C).
(C)If no dependency, family law, or guardianship proceeding affecting custody or visitation of the child is pending, the order must be used to open a new custody proceeding in the receiving court. The clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order in the new case file.
(2)Endorsed filed copy-clerk's certificate of mailing
Within 15 court days of receiving the order, the clerk must send an endorsed filed copy of the order showing the case number assigned by the receiving court by first-class mail to each of the child's parents and to the court that issued the order, with a completed clerk's certificate of mailing, for inclusion in the issuing court's file.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.)
(b) Modification of former guardian visitation orders-custodial parent
When a parent has custody of the child following termination of a probate guardianship, a former guardian's request for modification of the probate court visitation order, including an order denying visitation, must be brought in a proceeding under the Family Code.
(Subd (b) amended effective January 1, 2016; previously 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, 2016; adopted effective January 1, 2006; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2013.