California
How long does a custody modification take in California?
Quick answer
No California law sets a total time; how far out your hearing is depends on your court’s calendar. What the law does set are the minimum steps: file the Request for Order to get a hearing date, serve it at least 16 court days before the hearing (more if mailed), and, if custody or visitation is contested, attend mediation, which the court must schedule before or at the same time it sets the hearing.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
California Rules of Court, rule 5.92(b)(5): “The moving party must file the documents with the court clerk to obtain a court date and then have a filed copy served on all parties in the case within the timelines required by law.”
Code of Civil Procedure section 1005(b) sets those timelines: moving papers “shall be served and filed at least 16 court days before the hearing,” with five more calendar days if mailed within California. The other parent’s response is due nine court days before the hearing and any reply five court days before.
Family Code section 3170(a) says that if a request to modify a custody or visitation order shows the issues are contested, “the court shall set the contested issues for mediation.” Section 3175: “If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter for hearing.”
What to do next
File the FL-300 with the custody attachments to get your hearing date, check item 6 for your mediation or recommending counseling appointment, and count back from the hearing for service. FL-300-INFO says that after the hearing, form FL-340, Findings and Order After Hearing, must be completed, filed, and served. If you and the other parent agree on the change, a written agreement signed by a judge can change the order without a hearing.
Last checked against the sources above on October 6, 2026.
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Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
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