Custody

In order to obtain a custody/visitation order, you will need to file an Order to Show Cause (OSC) or possibly a Motion (depending on the current procedural circumstances of your case) with the Court, which will set the matter for mediation and will set a Court hearing to take place after mediation. In order to file an OSC or Motion, there must be an open case with the Court (e.g. a Petition for Dissolution or Legal Separation, or a Petition for Custody and Support) prior to filing or simultaneous to the filing of the OSC or Motion. If your husband has already filed a Petition, there is already an open case and you will need to file a Response prior to or simultaneous with the filing of your OSC or Motion.

I strongly recommend that you consult with a family law attorney in your area to answer your questions about your specific circumstances and to help you determine how you would like to proceed (e.g., Dissolution, Legal Separation, etc.) In the alternative, you could obtain the assistance of the Family Law Facilitator. Every county has a Family Law Facilitator available, free of cost, to provide legal assistance in determining which papers to file and how to prepare them. In San Diego County, the Family Law Facilitator information is available at this link: http://www.sdcourt.ca.gov/portal/page?_pageid=5...

The court can only terminate your ex-husband's parental rights if there is a hearing where you show that termination is in the child's best interests by clear and convincing evidence. It is very rare for courts to terminate parental rights, and much more common for them to order you and your ex back to mediation to arrive at a more workeable parenting plan.