Legal Question in Family Law in California

How long it takes varies greatly depending on how complex the issues are and how combative or collaborative the people are. There is a law that requires at least six months to pass between filing the divorce case and the earliest date a judgment can be entered. That is extended if there is a delay in serving the respondent. So that is the shortest time. It often takes much longer, probably about a year or a little less on average but several years is not uncommon.

If a divorce is done properly child custody and support will definitely be part of the judgment. Sometimes for economic or remarriage reasons the parties agree to a "status only" decree of divorce judgment, before a final judgment is entered, but other than that all aspects of child custody, child support, spousal support, and asset and debt distribution should be covered in the judgment of dissolution.

In most cases, however, because the divorce takes so long, a couple will need the court to order child custody arrangements and a child support order much sooner than the divorce judgment. So one or the other parent usually files a motion for a temporary set of orders, pending the final judgment. If the parents can reach agreement on a parenting plan and support amount, they can just file a stipulated order that the court will sign. If they can't agree, the court will hold a hearing and make a ruling on a temporary order.

Most commonly, the temporary order winds up being what is put in the final judgment as far as custody and support, perhaps with a few minor modifications.

All that said, however, nothing is really permanent or final in a child custody and support order or judgment. The court always has jurisdiction to modify the custody and support if there is a showing of a substantial change in circumstances. Most commonly that is when one of the parents needs to or wants to move to a location that makes it impossible to maintain the existing custody schedule, or one or both parents income(s) change enough that the previous support order is no longer within legal guidelines. Either parent can file a motion to review and change the custody or support whenever there is enough of a changed circumstance that a review and revision is appropriate.