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Frequently Asked Questions
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This page is designed to help you find answers to any Family Court questions you may have.

  1. Frequently Asked Questions (FAQs)
  2. Unanswered Questions
  3. Emailing Family Court
  4. Legal Assistance
  1. FAQs

    Note: Please be aware, the questions and answers below were taken from actual specific questions that are frequently asked on our website. The answers you see were directed to a specific person and may not be generic in nature. For this reason you may see specific gender references such as "Father" or "Mother" rather than a generic reference such as "Parent."

      Child Support:

    1. I would like motion to change a court order. What do I need? I presently have a court order re: child support arrears.  Go to the answer
       
    2. My father, was ordered to pay $200.00 a month child support to my mother and me. He only paid $12.74 and moved to evade paying the rest of his obligation. I have now located and confirmed his location in another state and am looking for any help. Go to the answer
       
    3. My children were removed out of my custody by Child Protective Services. I understand that I will be asked to pay child support for my children and would like to know how much I will be asked to pay each month. Go to the answer
       
    4. I need a child support order. My husband has agreed to sign the necessary paperwork with a notary. We are married and we do not want to get a divorce or separation. What paperwork do I need? Go to the answer
       
    5. I am in midst of discussing some possible modifications to child support with my ex-wife. Can a person (who is not an attorney) have access to the computer that is downstairs at Family Court to find several different scenarios on the "Dissomaster" software? Go to the answer

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      Custody/Visitation:

    1. I have four children who have been in foster care for 3 years. What can I do to gain custody of them?  Go to the answer
       
    2. I live in the San Jose area. My son lives in another county and the case is in that county.  Can I get free help in my area then file in the other county?  I know Santa Clara has a free self-help clinic - is it only for Santa Clara residents? Go to the answer
       
    3. I need to know if I need a form to change custody from one county to another. My original divorce was in another county. My ex has custody now but my children have been living here in Santa Clara county for over a year. Go to the answer
       
    4. I need to file a petition on behalf of my mother-in-law, to establish grandparents visitation rights. Her son is divorced from the children's' mother, and has moved out of the country. She wants to file the necessary paperwork in order to continue her relationship with her grandchildren. Go to the answer
       
    5. I would like to get some information on how to enforce my visitation rights through your office in a legal way. I'm paying child support, my ex-wife has sole custody of my daughter, in which I don't have part in the important decisions regarding my child, also my ex-wife refused to tell me where she lives. Can you help? Go to the answer

      Divorce:

    1. I would like to get copy of my divorce papers from 1987. Can you help me? Go to the answer
       
    2. I no longer live in Santa Clara County, but my previous address was in San Jose. Do I file for a divorce in your county, since this is still my mailing address and where my husband lives? Go to the answer
       
    3. I would like some assistance in filing for a divorce. Is there an office I could go to obtain the proper forms and to get assistance on how to complete and file the forms? Go to the answer
       
    4. I am trying to find out where to file my petition for divorce. I'm having an attorney review my forms, but need specific information for going to the facility and filing my papers. Go to the answer
       
    5. How can a divorce case be dismissed? Go to the answer
       
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      Domestic Violence/Restraining Orders:

    1. I was wondering how to file a restraining order. Go to the answer
       
    2. Where does one sign up for court-ordered anger management classes? Go to the answer

      Family Forms:

    1. Where can I find information or forms on how to file an "order to show cause?" Go to the answer
       
    2. I have an order/notice to withhold income for child support for one of our employees and it states that I must furnish a copy to the employee along with form FL-450 within 10 days - Where do I get form FL-450? Go to the answer
       
    3. What form(s) do I use to remove court-appointed attorney for a child (minor)? Go to the answer

      Paternity:

    1. I would like information on where to have a paternity test taken to validate whether I am the father of my newborn daughter. I have been charged with non-payment of child support and face legal action by the district attorney, as my wife has been on welfare. Go to the answer
       
    2. I need to change the father's name on my daughter's birth certificate. I have a DNA report. Go to the answer

      Records - Case Files:

    1. How can I view my court file? Go to the answer
       
    2. Where do I go to get information or copies from my file? Go to the answer
       
    3. How much do I have to pay for copies and certification? Go to the answer

     Other:

    1. I need to get a copy of change of address form. I have already filed the necessary preliminary papers for my divorce, but I now live in France, and cannot process it without a change of address form. Go to the answer
       
    2. I would like to find out how to obtain legal guardianship of a minor child. Go to the answer
       
    3.  My ex. didn't go to the orientation for mediation. So now what? Go to the answer
       
    4. How do I dismiss my Family Law case (such as my divorce)? Go to the answer

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  2. Unanswered Questions

    You may find the information you are looking for by using our site map, or our search page. You may want to visit our main Superior Court site, containing local rules and forms, phone number, directions to our courthouses and more. We also have a Public Access website where you can look up Family Court case and calendar information.
     
  3. Emailing Family Court

    If you are unable to find the answer to your Family Court-related question after reviewing our Family Court web pages and the Frequently Asked Questions above, you can contact our Family Department by email at ssfamilyinfo@scscourt.org. If your question is not covered on the Court's websites, we will do our best to respond to your question within 48 hours.
     
  4. Legal Assistance

    We cannot give legal advice, only legal information. Please refer to our Resources and Referrals page for assistance, especially the section on obtaining legal advice.

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