Child Custody and Visitation in Modoc County, California

Custody cases in Modoc County are filed and heard at the Robert A. Barclay Justice Center, 205 South East Street, in Alturas, through the Superior Court of California, County of Modoc. Alturas is the county seat and only incorporated city. This one courthouse handles all family law matters for this high desert plateau county in California's far northeast corner.

A custody request usually comes in a divorce, a legal separation, or, for parents who were never married, a parentage case. After the case is open, either parent may ask for custody and visitation orders with Form FL-300, Request for Order, and the FL-311 attachment. Family Code section 3011 requires the judge to decide what is in the best interest of the child. The judge weighs factors such as each parent's ability to provide a stable, safe home. The law does not favor either parent because of gender.

Modoc County is a recommending county under Family Code section 3170's mediation requirement. The court's Family Court Services page says that if parents do not reach a full agreement, the county's Child Custody Recommending Counselor must make a recommendation to the judge. Mediation is available both in person and remotely.

Modoc County does not offer e-filing for family law matters. Custody papers are filed on paper in person at the Justice Center. The court's online portal is for fee payments, not for filing documents.

Where custody cases are heard in Modoc County

Custody and visitation matters in Modoc County are handled by the Superior Court of California, County of Modoc, with the county seat in Alturas. Because courthouse locations, hours, and local Family Court Services or Child Custody Recommending Counseling programs change over time and can differ between branches, use the official California Courts court finder to confirm the current details for your case:

Find the Modoc County Superior Court (official California Courts finder)

How custody is decided in California

California uses the same statewide rules in every county, including Modoc County. Custody has two parts: legal custody (who makes major decisions about health, education, and welfare) and physical custody (where the child lives). Either can be joint (shared) or sole (one parent). Judges decide custody based on the best interest of the child, and California law does not favor a parent based on gender.

You can ask for custody orders inside a divorce or legal separation case, or, if the parents were never married, by first establishing parentage. The core steps are:

1. Open or use an existing case: a divorce (Form FL-100), a legal separation, or a parentage case (Form FL-200) for unmarried parents.
2. File a Request for Order (Form FL-300) with the custody and visitation attachment (Form FL-311) to ask the court for orders.
3. Serve the other parent and file a proof of service.
4. Attend the mandatory child custody mediation (Family Court Services), which California requires before a contested custody hearing.
5. Attend the hearing if you have not agreed, and receive the court's order (Form FL-341 series, Findings and Order After Hearing on Form FL-340).

There is no six-month waiting period for custody the way there is for a divorce to become final. Parents can also agree on a parenting plan and submit it as a stipulation for the judge to sign, which avoids a contested hearing entirely. If you and the other parent agree, that is almost always the faster and less costly path in Modoc County.

Local notes for Modoc County

Alturas is Modoc County's only incorporated city and the only courthouse location. Every custody filing and hearing takes place there. The court posts its calendar each Friday afternoon for the following week. Check again close to your hearing date because schedules can change.

Modoc is a recommending mediation county. If you and the other parent cannot agree, the Child Custody Recommending Counselor's report goes directly to the judge and helps shape the ruling. Contact the court at (530) 233-6516 to schedule mediation after your Request for Order is filed and served on the other parent.

The Self-Help Center in the Justice Center lobby is open weekdays, 8:30 a.m. to 4:30 p.m., and walk-ins are welcome. Phone help is also available through Legal Services of California. If domestic violence is part of your case, a DV restraining order (Forms DV-100 and DV-110) can include temporary custody terms while your case is pending. Call 911 in an emergency. The National Domestic Violence Hotline, 1-800-799-7233, is available 24 hours a day.

Official custody resources in Modoc County

Robert A. Barclay Justice Center (Superior Court of California, County of Modoc) handles custody filings, located at 205 South East Street, Alturas 96101. Phone: (530) 233-6516.

The filing fee is $60. No e-filing platform was found for Modoc County family law filings; the portal referenced on the court's site is for online fee payments, not case filing. Self-represented parties file on paper at the courthouse.

Modoc County Self-Help Center (https://www.modoc.courts.ca.gov/self-help) can help with procedure and paperwork. Located in the Robert A. Barclay Justice Center lobby, 205 South East Street, Alturas. Open Monday through Friday, 8:30 a.m. to 4:30 p.m., walk-ins accepted. Phone assistance is also available through Legal Services of California at (800) 822-6987. Local Rules of Court, effective July 1, 2024 (Modoc County Superior Court Local Rules) applies; see https://www.modoc.courts.ca.gov/system/files/local-rules/modocrules-07-01-2024.pdf.

• Modoc County Family Court Services
• Modoc County Family Law
• Modoc County Self-Help
• Modoc County Local Rules of Court

Local details reviewed August 2026. Offices and locations can change, so confirm with the official sites above before you file.

Modoc County Child Custody FAQs