1. Start with the Request for Order and Response
A parent seeking a custody or parenting-time order generally uses form FL-300 in an existing family-law case. The filing tells the court and the other parent what orders are requested and why.
Read the Filed Request Carefully
- Check the hearing date, requested custody terms, attachments, and any temporary orders.
- Identify whether the request seeks a new parenting arrangement or changes an existing order.
- Compare the request with related issues, including a request for full custody of a child.
A Response Has Its Own Deadline
- Form FL-320 lets the responding parent explain what they agree with or oppose.
- The response generally must be filed and served nine court days before the hearing.
- Without a response, the judge may decide the request without that parent’s written input.
2. Contested Custody Issues Usually Go to Mediation First
When custody or parenting time is contested, Family Code section 3170 requires the court to set the issues for mediation. Depending on local practice, parents may participate in mediation or child custody recommending counseling.
What Happens in Mediation
- A trained mediator works with the parents to explore a workable parenting plan.
- If they reach agreement, the proposed terms can be presented to the court for approval.
- If they remain in dispute, unresolved custody issues proceed to the judge.
Local Procedure Matters
- Family Court Services procedures differ among counties.
- Where local rules authorize recommendations, the court may receive written recommendations before the hearing.
- This process differs from broader court-ordered mediation in other civil disputes.
3. Prepare Evidence Around the Child’S Best Interests
The hearing is not simply a contest between the parents’ personal complaints. Family Code section 3011 directs the judge to consider the child’s best interests and legally relevant circumstances.
Know What the Court May Consider
| Issue | Why It May Matter |
|---|---|
| Health, safety, and welfare | The court considers the child’s overall well-being. |
| History of abuse | Relevant abuse may affect custody and parenting-time decisions. |
| Contact with each parent | The nature and amount of contact may be considered. |
| Substance misuse | Habitual or continual misuse identified by statute may be relevant. |
Health, safety, and welfare
- Why It May MatterThe court considers the child’s overall well-being.
History of abuse
- Why It May MatterRelevant abuse may affect custody and parenting-time decisions.
Contact with each parent
- Why It May MatterThe nature and amount of contact may be considered.
Substance misuse
- Why It May MatterHabitual or continual misuse identified by statute may be relevant.
Bring Evidence with a Clear Purpose
- School records, schedules, communications, and similar documents may explain the child’s routine.
- Evidence should relate directly to the custody or parenting-time issue before the judge.
- Private identifiers should be redacted according to court filing requirements.
4. What Happens When the Case Is Called
Each parent generally has an opportunity to speak when the hearing begins. The judge reviews the filed papers, may ask questions, and considers evidence properly presented to the court.
Both Parents May Present Their Positions
- The parent who filed the request usually explains the requested orders first.
- The other parent then has an opportunity to explain disagreements and alternatives.
- The judge may ask about schedules, exchanges, disputed facts, or supporting documents.
The Judge May Rule or Continue the Matter
- The judge usually decides the request that day but may require more information or another hearing.
- The decision must then be reflected in a signed court order.
- The custody issue may also be part of a broader family court divorce case.
5. Custody Hearing Fees Depend on the Filing
Parents searching for custody hearing fees by county should distinguish statewide court charges from local expenses. The total depends on the filing, existing case status, and additional services required.
Court Fees Are the Starting Point
- A custody or parenting-time Request for Order generally carries a filing fee of about $60 to $85.
- If it is the party’s first filing in the case, a fee of about $430 to $450 may apply.
- A parent who cannot afford required court fees may request a fee waiver.
Other Expenses Can Differ
- E-filing, service, copying, and transcript expenses can add to the filing cost.
- Additional requests or procedures may produce other court or case expenses.
- Parents should confirm the current fee schedule and local filing instructions before filing.
6. What Happens after the Hearing
After the judge rules, the decision must be reflected in a signed order. Court staff may prepare it, or a parent or attorney may be directed to prepare the document.
Check the Written Order
- The written order should match the custody and parenting-time terms announced by the judge.
- Form FL-340 may be used when a party is directed to prepare the order.
- Once signed, the order must be followed unless it is later changed or otherwise ends.
A Later Change Requires Another Procedure
- A parent seeking modification generally must file the appropriate request.
- Existing orders remain effective until modified, replaced, or otherwise terminated by law.
- Additional proceedings can create further filing, service, and attorney costs.
7. Frequently Asked Questions
Can I bring witnesses to a child custody hearing?
Witness evidence may be permitted, but the procedure depends on the hearing and applicable court rules. Parents should determine in advance how testimony or declarations must be presented.
Can I attend a custody hearing remotely?
Remote appearance procedures depend on the court and hearing. Check the hearing notice and local instructions before assuming remote attendance is available.
Can I get a fee waiver for a custody hearing?
Possibly. A parent who cannot afford required court fees may apply for a fee waiver based on the court’s financial eligibility standards.
Will the first hearing produce a final custody order?
Not necessarily. The judge may issue orders at the hearing, but further proceedings may be needed when additional information or review is required.
8. Prepare for a Child Custody Hearing with SJKP
SJKP’s attorneys can review custody filings, proposed parenting plans, mediation requirements, supporting records, and hearing procedures. The firm can also assess filing and fee issues that may affect preparation for the next court date.
02 Oct, 2026
