FORM DV-140 INSTRUCTIONS

CHILD CUSTODY AND VISITATION ORDER (DV-140)


NOTE:
You will need a copy of the English-language Judicial Council form DV-140 to follow these instructions. Also:



Filling out the Caption on your form



Case Number
:
Write in the case number.

 

 

 



Filling out the rest of your form

Child Custody and Visitation Order

  • Check the DV-110 box if you are attaching this form to the Temporary Restraining Order.
  • Check the DV-110 box if this is the first paperwork that you are filing for a Restraining Order.
  • Check the DV-130 box if you are attaching this form to the permanent Restraining Order After Hearing.
  • Check the DV-130 box if you were granted a three (3) year restraining order after having had a court hearing.


1.

Write the name of the person who wants protection from the court. Check the box that tells if they are the child’s mother (Mom), father (Dad), or have some other relationship to the child. (Write that person’s name and his or her relationship to the child)

2.

Write the name of the Restrained Person and check the box that tells how he or she is related to the child.


3.    Child Custody:

Write each child’s name and date the child was born. Check the box under the person, Mom (Mother), Dad (Father), or Other, and who you want to make the decisions about the child (legal custody) and who you want the child to live with (physical custody). You can check more than one box.

Check the box if there are more than 3 children. Use a separate sheet of paper. At the top of the page write “DV-140, Item 3 - Child Custody”. Then write the other children’s names and date of birth. Be sure to tell who you want to make decisions for these children (legal custody), and where you want these children to live (physical custody).


4.    Child Visitation:

Check this box if you want the judge to make an order about when the Restrained Person can visit with the child. You can check more than one box.

  1. Check this box to tell if you want to stop Mom, Dad, or another person from being allowed to visit the child.

  2. Check this box if you already have an agreement or court order that describes a child visitation schedule. Write how many pages are in that agreement and what date that agreement or court order was signed. Attach a copy of that agreement or court order.

  3. Check this box if a mediation date has been set. Write that date in the line provided.

  4. Check this box to tell if you want Mom, Dad, or another person to have some time visiting with the child until the next court order is made (you can check one or both boxes).

    1. Check this box if you want Mom, Dad, or another person to be able to visit the child on the weekend. Write the date you want this schedule to start (for example, you might write 1/14/09). Check the boxes for the weekend(s) you want the other parent to be able to visit, (for example 1st or 2nd), and write when the weekend begins (for example, you might write that the weekend begins on Friday at 5:00 p.m. and ends on Sunday at 5:00 p.m.)
    2. Check this box if you want Mom, Dad, or another person to be able to visit the child during the week. Write when you want this schedule to start. Check the box next to which weekday times you want, and write when the weekday begins (for example, you might write that the weekday visit begins Wednesday at 8:00 a.m. and ends Wednesday at 5:00 p.m.)
    3. Check this box if you want Mom, Dad, or another person to be able to visit the child at other times (such as holidays, birthdays, and sports events). If you check this box, write the rest of the information on a separate page. At the top of the page write “DV-140, Item 10 - Visitation.”


5.    Supervised Visitation:

Check this box if you want the court to order supervised visitation.

If you check this box, you must also attach a Supervised Visitation Order (Form DV-150).


6.    Responsibility for Transportation for Visitation:

Check this box if you want the judge to include specific information about who will pick up and drop off the child for visits with the other parent.

  1. Check the box next to the name of the person (Mom, Dad, Other) you want to take the child TO visits with the Restrained Person.

  2. Check the box next to the name of the person (Mom, Dad, Other) you want to pick up the child FROM visits with the Restrained Person.

  3. Write the address where the child will be dropped- off or picked-up for visits Restrained Person.

If having your child picked up and dropped off at each parent’s home is a problem, it is important to find another place to do this where the Restrained Person can go to without violating (going against) the restraining order.

If you think violence or other serious problems could happen when the child is being picked up or dropped off, you might think about doing this in a public place or in front of a police station.


At the top of page 2, DV-140

Fill out the caption boxes as follows:
Write your name.
Case Number: Write in the case number. - (the same number as on
page 1)


7.    Travel With Children:

Check this box if you want the judge to limit who can travel with the child, and where they can travel.Check the box next to “Mom”, “Dad”, or “Other” if you want the judge to require the other parent to have your written permission to take the children outside of the areas specified in a. or b.

  1. Check this box if you do not want the other parent to take the child out of California.
  2. Check this box if you do not want the other parent to take the child other places (such as out of the country). If you mark this box, then you must say exactly where the other parent cannot travel with the child.


8.    Child Abduction:

Check this box if you think there is a good chance that one of the parents will take the children out of California against the other parent’s wishes. If you check this box, you must also fill out an Order: No Travel with Children (Form DV-145) and attach it to this form.


9.    Other Orders:

Check this box if you want the judge to include extra protections or orders. Use a separate sheet of paper. At the top of the page write “DV-140- Item 8- Other Orders.” Then, write exactly what other things you want included in the court order.


10.    Jurisdiction:

This item explains that the court has the right to make custody and visitation orders in your case.


11.    Notice and Opportunity to be Heard:

This item explains that the other parent was told about the court hearing and had a chance to attend that hearing if they chose to.


12.   Country of Habitual Residence:

Check this box if the child usually lives in the United States. If the child usually lives in another country, write the name of that country here.


13.    Penalties for Violating This Order:

This item tells the Restrained Person what can happen if they disobey (violate) this court order.