What happens if we have an ongoing child custody case in family law court and social workers get involved and file a petition in the child dependency court? Which court will handle the custody case?

The law in California is that as soon as a child dependency court case is filed under Welfare and Institutions Code 300 (WI 300) the family law court is notified and the family law case stops until the child dependency court case has concluded. The family law court has no power to proceed and this means they will not make any court orders as to custody. However, the family law case can continue as to financial matters.

Once the dependency case is terminated the dependency court will issue “exit orders” per WI 364 and those exit orders as to custody and visitation shall be filed in the family law file and will become the family law court order. If this happens both parties must abide by that court order unless the family law court modifies the order at some time in the future.