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2014 California Rules of Court

Rule 5.700. Order determining custody (§§ 304, 361.2, 362.4)

(a) Order determining custody-termination of jurisdiction

If the juvenile court orders custody to a parent and terminates jurisdiction, the court may make orders for visitation with the other parent. The court may also issue orders to either parent enjoining any action specified in Family Code section 2045.

(1)em] Modification of existing custody orders-new case filings

The order of the juvenile court must be filed in an existing nullity, dissolution, legal guardianship, or paternity proceeding. If no custody proceeding is filed or pending, the order may be used as the sole basis to open a file.

(2)em] Preparation and transmission of order

The order must be prepared on Custody Order-Juvenile-Final Judgment (form JV-200). The court may direct the parent, parent's attorney, county counsel, or the clerk to:

(A)Prepare the order for the court's signature; and

(B)Transmit the order within 10 calendar days after the order is signed to the superior court of the county where a custody proceeding has already been commenced or, if none, to the superior court of the county in which the parent who has been given custody resides.

(3)em] Procedures for filing order-receiving court

After receipt of the juvenile court custody order, the superior court clerk of the receiving county must immediately file the juvenile court order in the existing proceeding or immediately open a file, without a filing fee, and assign a case number.

(4)em] Endorsed filed copy-clerk's certificate of mailing

Within 15 court days after receiving the order, the clerk of the receiving court must send by first-class mail an endorsed filed copy of the order showing the case number of the receiving court to (1) the persons whose names and addresses are listed on the order, and (2) the originating juvenile court, with a completed clerk's certificate of mailing, for inclusion in the child's file.

(Subd (a) amended effective January 1, 2007.)

(b) Order determining custody-continuation of jurisdiction

If the court orders custody to a parent subject to the continuing jurisdiction of the court, with services to one or both parents, the court may direct the order be prepared and filed in the same manner as described in (a).

(Subd (b) amended effective January 1, 2007.)

Rule 5.700 amended and renumbered effective January 1, 2007; adopted as rule 1457 effective January 1, 1990; previously amended effective January 1, 1994, and January 1, 2001.

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