Custody process

How child custody cases work in California.

California courts decide custody under the 'best interests of the child' standard — but the process to get there has a defined order. Here's the path every contested custody case in San Diego follows.

California recognizes two kinds of custody: legal custody (decision-making about education, health, religion) and physical custody (where the child lives). Either can be sole or joint. There is no automatic preference for mothers or fathers — Family Code §3040 expressly forbids gender preference.

1
Understand the standard the court applies
Custody is decided under Family Code §3011 — the 'best interests of the child' — which considers the child's health, safety, welfare; the nature and amount of contact with each parent; and any history of abuse or substance use. Frequent and continuing contact with both parents is the policy preference under §3020.
Cal. Family Code §§3011, 3020, 3040
2
File a Request for Order (RFO)
Custody is requested by filing Form FL-300 (Request for Order) along with FL-311 (Child Custody and Visitation Application Attachment). The court typically sets a hearing within 4–8 weeks.
3
Mandatory Family Court Services (FCS) mediation
Before any contested custody hearing in San Diego, both parents must attend Family Court Services mediation. The mediator's job is to help parents reach agreement on a parenting plan. In San Diego, FCS uses a 'recommending' model: if no agreement is reached, the mediator submits a recommendation to the court.
Cal. Family Code §§3160–3186
4
Custody evaluation (in high-conflict cases)
If allegations are serious or the case is complex, the court may order a custody evaluation under Evidence Code §730. A neutral mental health professional interviews the parents, child, and collateral witnesses; reviews records; and submits a written report with recommendations.
Private custody evaluations in San Diego typically cost $5,000–$25,000+ and take 3–6 months.
5
Temporary orders
After mediation (and any evaluation), the court issues temporary custody orders that govern the family while the case is pending. These often track the FCS recommendation if neither parent objects strongly.
6
Settlement or trial
Most custody cases settle once temporary orders are in place — parents see how the schedule works in practice and adjust. Cases that don't settle proceed to trial, where the judge issues final custody orders based on testimony, the evaluation, and the §3011 factors.
7
Final judgment and parenting plan
The court enters a final judgment that includes the legal custody designation, physical custody schedule, holiday and vacation schedule, transportation responsibilities, and dispute-resolution mechanism for future disagreements.
8
Modifications
Custody orders can be modified later, but the moving parent must show a 'significant change of circumstances' since the last order — except in the first year after a final order, when the standard is much higher.
Montenegro v. Diaz (2001) 26 Cal.4th 249