Rule 5.475.Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding

Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 1. Contact and Coordination · Last amended 2016 · Last verified September 10, 2026

In one sentenceRule 5.475 routes a custody or visitation order out of juvenile or probate court into the right family law file — opening a new case free of charge where none exists.

Full Text of Rule 5.475

Text sizeJump to: (a) (b) (c)

(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.

(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.

(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.

End

Plain-English Summary

When juvenile jurisdiction or a probate guardianship ends, the custody order that comes out of it has to live somewhere enforceable. The terminating court directs transmission of its order to any superior court with a pending related family law custody or guardianship proceeding. Where there is none, it goes to the county where the parent with sole physical custody lives; failing that, where the child’s primary residence is; failing both, a county where any custodial parent lives.

The receiving clerk files it in any pending nullity, dissolution, legal separation, parentage, domestic violence, or other family law custody proceeding, or in a probate guardianship affecting custody. Government child support proceedings are handled separately: the order is filed there only if that court has itself issued a custody or visitation order.

The provision that matters most to a parent is what happens when nothing is pending. The order is used to open a new custody proceeding — and the clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order in it. Within 15 court days the clerk sends an endorsed filed copy showing the new case number to each parent and back to the issuing court.

Two provisions deal with former guardians. Where a parent has custody after a guardianship ends, a former guardian seeking to modify the probate visitation order — including an order denying visitation — must bring that in a Family Code proceeding. And where the guardianship was terminated with no visitation order made, a former guardian may maintain an independent action for visitation without a separate joinder, provided no dependency proceeding is pending.

Frequently Asked Questions

What happens to my custody order when the juvenile case ends?

The juvenile court directs its transmission to the superior court with a pending related family law or guardianship proceeding — or, if none is pending, to the county where the parent with sole physical custody lives, then the child’s primary residence, then any custodial parent’s county.

Do I have to pay to open a family law case for it?

No. Where no dependency, family law, or guardianship proceeding affecting custody is pending, the clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order there.

When will I get a copy showing the new case number?

Within 15 court days of receiving the order, the clerk must mail an endorsed filed copy showing the case number to each of the child’s parents and to the issuing court.

Can a former guardian still seek visitation?

Where the guardianship was terminated without a visitation order and no dependency proceeding is pending, a former guardian may maintain an independent action for visitation without a separate joinder action.

Amendment History

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.

(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: custody order after juvenile case ends Californiatransfer custody order family courtformer guardian visitation Californiano filing fee new custody case