Child Custody and Visitation in San Benito County, California

Custody cases in San Benito County are filed at the San Benito County Superior Courthouse, 450 Fourth Street, in Hollister, the county seat, through the Superior Court of California, County of San Benito. This one Central Coast courthouse handles family law matters for Hollister and San Juan Bautista, as well as the rest of the county.

A custody request can be part of a divorce or a legal separation. For parents who were never married, it is part of a parentage case. After the case is open, either parent can ask for custody and visitation orders using Form FL-300, Request for Order, with the FL-311 attachment. Family Code section 3011 requires the judge to decide based on the best interest of the child. The judge weighs factors such as each parent's ability to provide a stable, safe home, with no preference based on either parent's gender.

San Benito County is a recommending county under Family Code section 3170's mediation requirement. Local Rule 11.11 allows the mediator to recommend that the court order a custody evaluation. The mediator's final written recommendation goes to both parties and their attorneys. It is separate from the confidential content of the mediation session itself. In domestic violence cases, a written recommendation on custody and visitation is mandatory. Before mediation, parents must complete a mandatory intake packet, Form SB-FCSM-1. Cases involving children generally require a free online co-parenting class through Families Change, offered in English or Spanish, with a certificate that must be printed and filed.

San Benito County accepts e-filing through approved Electronic Filing Service Providers. Self-represented parties may also file custody paperwork on paper.

Where custody cases are heard in San Benito County

Custody and visitation matters in San Benito County are handled by the Superior Court of California, County of San Benito, with the county seat in Hollister. Because courthouse locations, hours, and local Family Court Services or Child Custody Recommending Counseling programs change over time and can differ between branches, use the official California Courts court finder to confirm the current details for your case:

Find the San Benito County Superior Court (official California Courts finder)

How custody is decided in California

California uses the same statewide rules in every county, including San Benito County. Custody has two parts: legal custody (who makes major decisions about health, education, and welfare) and physical custody (where the child lives). Either can be joint (shared) or sole (one parent). Judges decide custody based on the best interest of the child, and California law does not favor a parent based on gender.

You can ask for custody orders inside a divorce or legal separation case, or, if the parents were never married, by first establishing parentage. The core steps are:

1. Open or use an existing case: a divorce (Form FL-100), a legal separation, or a parentage case (Form FL-200) for unmarried parents.
2. File a Request for Order (Form FL-300) with the custody and visitation attachment (Form FL-311) to ask the court for orders.
3. Serve the other parent and file a proof of service.
4. Attend the mandatory child custody mediation (Family Court Services), which California requires before a contested custody hearing.
5. Attend the hearing if you have not agreed, and receive the court's order (Form FL-341 series, Findings and Order After Hearing on Form FL-340).

There is no six-month waiting period for custody the way there is for a divorce to become final. Parents can also agree on a parenting plan and submit it as a stipulation for the judge to sign, which avoids a contested hearing entirely. If you and the other parent agree, that is almost always the faster and less costly path in San Benito County.

Local notes for San Benito County

All San Benito County custody filings and hearings go to the Superior Courthouse at 450 Fourth Street, Hollister. Ex parte requests for urgent temporary orders are generally heard at 11:00 a.m., Monday through Friday, in Department 1. They require notice to the other party by 10:00 a.m. the day before, with paperwork filed by 3:00 p.m. the day of the hearing.

San Benito is a recommending mediation county. Complete the mandatory intake packet, Form SB-FCSM-1, before your session. If you and the other parent cannot fully agree, expect the mediator's written recommendation to go to both parties and the court. Cases involving children generally require the free, online Families Change co-parenting class, with a printed certificate filed as proof of completion.

Call (831) 636-4057 for Self-Help Center or Family Law Division assistance with your custody forms. If domestic violence is part of your case, a DV restraining order (Forms DV-100 and DV-110) can include temporary custody terms while your case is pending. Call 911 in an emergency. The National Domestic Violence Hotline, 1-800-799-7233, is available 24 hours a day.

Official custody resources in San Benito County

San Benito County Superior Courthouse handles custody filings, located at 450 Fourth Street, Hollister 95023. Phone: (831) 636-4057.

The filing fee is $60. E-filing is available through https://prod-efsp-sanbenito-ca.ecourt.com/public-portal/. San Benito County accepts e-filing through approved Electronic Filing Service Providers. E-filing is optional for self-represented parties, who may also file on paper.

San Benito County Self-Help Center (https://www.sanbenito.courts.ca.gov/divisions/family-law) can help with procedure and paperwork. Located at 450 Fourth Street, Hollister. Call (831) 636-4057 and ask for the Self-Help Center or Family Law Division for current hours and services. Local Rule 11.11, Mediation of Visitation or Custody Issues (San Benito County Superior Court Local Rules of Court (2026 revision)) applies; see https://www.sanbenito.courts.ca.gov/system/files/local-rules/2026-local-rules-superior-court-san-benito-county-redline.pdf.

• San Benito County Family Law Division
• San Benito County Local Forms
• San Benito County Local Rules of Court
• San Benito County eFiling Portal

Local details reviewed August 2026. Offices and locations can change, so confirm with the official sites above before you file.

San Benito County Child Custody FAQs