Navigating a custody or visitation case in San Francisco can feel overwhelming, especially when your child’s future and family stability are at stake. At Schoenberg Family Law Group, P.C., our attorneys guide parents through the complex California custody process with skill, compassion, and strategic insight. Understanding the steps involved—and what to expect at each stage—can make a significant difference in how your case unfolds.
1. Understanding Custody and Visitation in California
In California family law, “custody” is divided into two distinct categories:
- Legal custody – The right to make important decisions about a child’s health, education, and welfare.
- Physical custody – Where the child lives and how time is shared between parents.
“Visitation” (also called parenting time) refers to the schedule that determines when the child spends time with each parent. Courts in San Francisco County make these decisions based on the best interests of the child, focusing on safety, stability, and ongoing parent-child relationships.
At Schoenberg Family Law Group, P.C., our San Francisco custody lawyers help clients protect their parental rights while prioritizing their children’s emotional and developmental well-being.
2. Filing for Custody or Visitation in San Francisco
The custody process begins when one parent formally asks the Superior Court of California, County of San Francisco for orders concerning child custody or visitation.
- If you’re divorcing or legally separating, you’ll include custody and visitation requests in your Petition for Dissolution (Form FL-100).
- If you’re not married, you’ll typically start a Petition to Establish Parental Relationship (Form FL-200).
- To modify existing orders, you’ll file a Request for Order (Form FL-300).
All filings take place at the San Francisco Unified Family Court, located at 400 McAllister Street. Once filed, the paperwork must be properly served on the other parent, and proof of service filed with the court.
The court strongly encourages parents to use its ACCESS Center or consult an experienced San Francisco family law attorney to ensure filings are complete and deadlines are met.
3. Mediation Through Family Court Services (FCS)
Before a judge makes any custody or visitation decision, both parents are required to participate in mediation through Family Court Services (FCS). Mediation is a confidential process designed to help parents reach a mutually agreeable parenting plan without litigation.
Here’s how it works:
- Orientation – Parents attend a mandatory online or in-person orientation explaining the mediation process.
- Mediation session – A neutral Family Court Services mediator meets with both parents (sometimes separately) to discuss parenting arrangements and create a proposed plan.
- Recommendation or report – In some cases, if parents can’t agree, the mediator may make recommendations to the court.
If concerns arise regarding substance abuse, domestic violence, or child safety, the court may order a custody evaluation (also known as a “730 Evaluation”) or appoint a minor’s counsel to represent the child’s best interests.
Schoenberg Family Law Group, P.C. frequently represents clients in these situations, ensuring that your perspective and supporting evidence are clearly presented to the evaluator and the court.
4. Court Hearings and Temporary Orders
If mediation doesn’t result in an agreement, the case proceeds to a hearing before a family law judge. At this stage, the court may issue temporary custody or visitation orders to provide structure until a final judgment is made.
During the hearing, each parent (or their attorney) presents evidence, testimony, and legal arguments. The judge considers factors such as:
- The child’s age, health, and emotional ties to each parent
- Each parent’s ability to provide stability and safety
- History of caregiving, cooperation, or conflict
- Any evidence of domestic violence or neglect
The judge will then issue orders that serve the child’s best interests, which is the cornerstone of California custody law.
5. Final Orders, Modifications, and Enforcement
Once the court finalizes custody and visitation orders, they are legally binding. If one parent violates the terms, the other parent can file a motion for enforcement or contempt.
However, as children grow and circumstances change, custody orders often need to be updated. Parents may request a modification by showing a significant change in circumstances—for example, relocation, new work schedules, or changing school needs.
Our San Francisco custody and visitation attorneys assist clients in both enforcement and modification proceedings, helping parents adapt existing arrangements while protecting their rights and their children’s stability.
6. Why Choose Schoenberg Family Law Group, P.C.
Custody and visitation disputes are among the most sensitive issues in family law. At Schoenberg Family Law Group, P.C., our team brings decades of experience handling complex, high-conflict custody cases throughout the Bay Area. We provide:
- Strategic advocacy informed by deep knowledge of California custody statutes
- Empathetic representation focused on preserving healthy family relationships
- Meticulous preparation for mediation, hearings, and evaluations
- Strong negotiation skills that can often prevent the need for trial
We also guide clients through related issues like child support, move-away requests, and parenting plan modifications.
7. Contact a San Francisco Custody and Visitation Attorney Today
If you’re facing a custody or visitation dispute, you don’t have to go through the process alone. Schoenberg Family Law Group, P.C. provides trusted, compassionate representation in San Francisco County and across the Bay Area.
Call (415) 834-1120 to schedule a confidential consultation with an experienced San Francisco child custody lawyer.
