How a Child Custody Case Works in San Francisco Family Court

Quick Answer: In San Francisco, a request for custody or visitation orders is filed on a Request for Order (form FL-300) and set on the Unified Family Court's Readiness Calendar at the Civic Center Courthouse, 400 McAllister Street. At that first calendar, the court usually sets a mediation date and a later court date rather than making orders, and both parents go straight to a required orientation. The first mediation with Family Court Services is confidential: the mediator does not recommend a parenting plan to the judge, and if the parents do not fully agree, the court receives only a short memo listing the issues of agreement and disagreement. Without a full agreement, the judge decides at the hearing and can first order a non-confidential "Tier II" report or a custody evaluation.

Every California county follows the same Family Code standards for custody, but the path to a decision is set by each court's local rules. San Francisco's process has features that surprise parents who have read about other counties, especially that its first mediation is confidential and does not produce a recommendation. This guide walks through the steps under San Francisco Local Rule 11, revised effective July 1, 2026. For courthouse addresses, department phone numbers, and local forms, see our San Francisco family court guide.

Step 1: File a Request for Order

Custody and visitation requests are made on a Request for Order (form FL-300), usually with the Child Custody and Visitation (Parenting Time) Application Attachment (form FL-311) and a supporting declaration. Under California Rules of Court, rule 5.111, a supporting declaration is limited to 10 pages and must be based on personal knowledge. San Francisco also offers an optional local form, SFUFC 11.7-A, Declaration Regarding Custody and Visitation, which the local rule encourages parents to use. The other parent responds on a Responsive Declaration (form FL-320).

Local Rule 11.7 says medical, psychological, or educational reports about a child must not be attached to filed papers. A parent who wants to rely on one must lodge a copy with the courtroom clerk and give a copy to all parties at least five calendar days before the hearing.

If the request also involves support, the court first sets it on the Readiness Calendar and then sets hearings for both the custody issues and the financial issues.

Step 2: The Readiness Calendar

The Readiness Calendar is a short first appearance. Under Local Rule 11.7(B), the court sets a mediation date and a court date to follow it. If both parents appear, the court generally does not make substantive orders that day, though it may hear the matter if an emergency exists or direct a parent to file an ex parte request. If the parent who filed does not appear, the request ordinarily comes off calendar. If the responding parent was properly served and does not appear, the court may grant relief.

If your situation cannot wait for the regular schedule, our post on ex parte hearings explains emergency requests.

Step 3: Orientation

Parents go from the Readiness Calendar directly to orientation, and the local rule says to plan to stay until noon. Orientation covers how mediation works, what to expect in court, children's developmental needs, and the effect of conflict on children. Parents of the same child attend separate orientations. A parent who completed Readiness Calendar orientation within the prior two years is exempt, and the court can excuse attendance in exceptional circumstances. Skipping orientation can cancel the mediation and lead to sanctions.

Step 4: Confidential Mediation With Family Court Services

California requires mediation whenever custody or visitation is contested (Family Code section 3170). Under section 3183, a mediator may recommend a parenting plan to the court only if local rules allow it. Counties that allow it call the process child custody recommending counseling, which we cover in our post on CCRC.

San Francisco works differently. Local Rule 11.7(C) makes the first mediation in a case confidential. The mediator does not report or recommend to the court except in limited situations: a required report to Child Protective Services if a child is at risk, a report of threats of death or bodily harm, a recommendation that the court appoint an attorney for the child, or a recommendation for a custody evaluation. If the parents do not fully agree, the mediator sends the court a brief memo listing the issues of agreement and disagreement, with copies to the parents and their lawyers.

What the court tells families about mediation:

  • Sessions generally last about two hours. Parents should bring at least two proposals for how the child can spend time with each parent.

  • Children do not attend mediation or court unless the court asks for them.

  • Lawyers may participate. The mediator usually meets with the lawyers first and then with the parents.

  • Safety concerns change the format. A parent with a history of violence or intimidation from the other parent has the right to meet with the mediator separately and may bring a support person who does not speak in the session.

  • Domestic violence calendar cases are heard on Wednesdays, and those parents attend separate orientations and separate mediation sessions.

Under Family Code section 3186, an agreement reached in mediation becomes an order only after each parent affirms it in court or by written stipulation. Starting January 1, 2027, AB 2789 will change how courts give notice of mediation and will require each court's notice to state that mediation communications are confidential and that a parent alleging domestic violence may ask to meet with the mediator separately.

Step 5: Tier II Reports and Custody Evaluations

If the judge needs more information, San Francisco Local Rule 11.15 allows Family Court Services to provide non-confidential services by court order, known as a Tier II. A Tier II can include fact-finding, interviews of children and other sources, and document review. It is handled by a different mediator than the one who did the confidential mediation unless the parents waive confidentiality. The written report goes to the parents or their lawyers before the hearing, and the local rule bars sharing it with the children.

For complex disputes, the court can order a full custody evaluation under Family Code section 3111. The San Francisco court keeps a list of private custody evaluators, which it does not endorse. Our post on 730 custody evaluations explains how evaluations work.

Step 6: The Hearing

At the hearing, the judge decides custody based on the child's best interest under Family Code section 3011, including the child's health, safety, and welfare, any history of abuse, and the child's contact with both parents. Section 3040 creates no preference for joint or sole custody. Under section 217, the court generally must receive live, relevant testimony at the hearing unless the parties stipulate otherwise or the court finds good cause, and a parent who wants to call a witness other than the parties must file and serve a witness list beforehand.

Orders made after a contested hearing are often temporary, followed by a review hearing. San Francisco's local rule allows each parent to file an update declaration of up to five pages, not counting exhibits, at least 10 calendar days before a review hearing unless the court sets a different deadline.

Preparing for a San Francisco Custody Case

  • Bring a workable schedule, not just objections. Our guide to 50/50 custody schedules covers common rotations.

  • Keep a factual record of exchanges and communication. See how to build a custody record.

  • Raise safety concerns early, including in the court's confidential screening form, so mediation can be set up safely.

  • Ask about supervised visitation if a parent's time needs to be supervised. Our post on supervised visitation explains how it works.

The Geller Firm has an office at 50 California Street in San Francisco. Our San Francisco divorce lawyer page and our child custody page explain how we help parents in these cases.

Key Takeaways

The First Hearing Is Mostly Scheduling

At the Readiness Calendar the court usually sets mediation and a court date rather than making custody orders.

Orientation Is Required

Parents go straight from the Readiness Calendar to orientation, and missing it can cancel the mediation.

Mediation Is Confidential

San Francisco's first mediation produces no recommendation, only a memo of agreed and disputed issues.

Tier II Adds Fact-Finding

If the judge needs more, the court can order a non-confidential Tier II report or a custody evaluation.

Frequently Asked Questions

Is San Francisco a recommending county for custody mediation? Not for the first mediation. Under San Francisco Local Rule 11.7(C), the first mediation is confidential and the mediator does not recommend a parenting plan. The court can later order a non-confidential Tier II report.

Do I have to go to mediation before a custody hearing in San Francisco? Yes. Family Code section 3170 requires mediation when custody or visitation is contested, and the local rule requires all parties to participate in mediation before the court hears the matter.

Can my lawyer come to custody mediation in San Francisco? Yes. The court's Family Court Services page says attorneys are invited to participate, with the mediator deciding how to include them.

Where are San Francisco custody cases heard? At the Civic Center Courthouse, 400 McAllister Street. Family Court Services is in Room 402.

A San Francisco custody case rewards preparation at each step, from the first declaration to the mediation proposals. To talk with Attorney Michael Geller about a custody case in San Francisco, call The Geller Firm at 415-840-0570 to schedule a consultation.

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