Custody disputes are among the most emotional and stressful matters to go through in family court. One of the first questions parents often ask is: “How long will this take?” Unfortunately, there is no one-size-fits-all answer. The timeline depends heavily on the complexity of the case, the level of conflict between parents, and whether the matter can be resolved outside of court. Understanding the process and common timeframes can help parents prepare for what lies ahead.
The Initial Filing and Temporary Orders
The custody process begins when one parent files a petition or request for custody with the court. From there, the other parent must be served and given a chance to respond. In some cases, parents may request temporary custody or visitation orders while the case is pending. These temporary hearings can be scheduled relatively quickly, often within a few weeks, but they do not resolve the case permanently. Instead, they set a framework until the final judgment is reached.
Mandatory Mediation
California law requires parents who cannot agree on custody or visitation to participate in mediation. Mediation is designed to help parents reach a mutual agreement before a judge steps in. Depending on the county, mediation may be scheduled within one to three months of filing. If parents reach an agreement here, the process can conclude relatively quickly, sometimes within a few months.
Contested Custody Cases
When parents cannot agree, the process takes longer. After mediation, unresolved disputes move forward to a hearing where the judge will consider evidence, testimony, and the recommendations of mediators or custody evaluators. Contested cases can stretch out for many months, especially if the court orders a child custody evaluation. These evaluations involve interviews, home visits, and professional assessments, and they can take six months or more to complete.
Factors That Affect the Timeline
Several factors can either shorten or lengthen the timeline of a California custody case. These include:
- Level of cooperation between parents – Cases with higher conflict take longer.
- Court backlogs – Some counties face heavy caseloads, delaying hearings and trials.
- Complexity of issues – Cases involving allegations of abuse, relocation requests, or special needs children require more time and investigation.
- Use of experts – Custody evaluations, psychological assessments, or guardian ad litem reports add months to the process.
No two custody cases are the same and the timeline is heavily dependent on these factors and more.
A Child Custody Attorney Can Help You Navigate the Process
In California, the timeline of a custody case can range anywhere from a few months to more than a year. Parents who are able to reach agreements through negotiation or mediation will resolve their cases much faster than those requiring court intervention. While the process may feel overwhelming, understanding the steps ahead and working with an experienced family law attorney can help ensure that your rights and your child’s best interests are protected every step of the way.
At the Law Office of Darshann M. Wienick, we have the experience and dedication to navigate the complexities of high-conflict child custody cases. Our focus is on ensuring the best interests of the child come first. If you need a child custody attorney, consider partnering with us. Get in touch today to schedule a consultation.