Child Custody and Visitation in San Mateo County, California
A plain-language guide to child custody in San Mateo County, from the forms you file at the Superior Court of California, County of San Mateo to mediation, the best-interest standard, and how to prepare your paperwork without hiring an attorney.
San Mateo County occupies the Peninsula between San Francisco and Silicon Valley, with its largest communities in Daly City, San Mateo, the county seat of Redwood City, South San Francisco, and San Bruno. Custody matters for families throughout the county are heard by the Superior Court of California, County of San Mateo.
California custody cases always involve two separate questions, and San Mateo County courts apply them the same way as courts statewide. Legal custody covers who makes major decisions for a child, and physical custody covers where the child lives. Either can be joint or sole, and the judge's decision rests on the best interest of the child, with no preference given to either parent based on gender.
Custody can be raised as part of a divorce or legal separation, or, for parents who were never married, by first establishing parentage. The same statewide Judicial Council forms apply in San Mateo County as everywhere else in California, so the local variation comes down to administrative details: which courthouse hears your case and how Family Court Services schedules mediation.
Parents who agree on custody and visitation terms can submit a written parenting plan for a judge to sign, avoiding a contested hearing entirely. This is typically the faster, less stressful path, and San Mateo County's self-help center is available to assist self-represented parents in preparing the required forms.
Where custody cases are heard in San Mateo County
Custody and visitation matters in San Mateo County are handled by the Superior Court of California, County of San Mateo, with the county seat in Redwood City. Because courthouse locations, hours, and the local Family Court Services or Child Custody Recommending Counseling program 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 Mateo County Superior Court (official California Courts finder)
How custody is decided in California
California uses the same statewide rules in every county, including San Mateo 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:
- Open or use an existing case: a divorce (Form FL-100), a legal separation, or a parentage case (Form FL-200) for unmarried parents.
- File a Request for Order (Form FL-300) with the custody and visitation attachment (Form FL-311) to ask the court for orders.
- Serve the other parent and file a proof of service.
- Attend the mandatory child custody mediation (Family Court Services), which California requires before a contested custody hearing.
- 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 Mateo County.
Local notes for San Mateo County
San Mateo County directs family law filings to a specific courthouse location in Redwood City, but confirm the exact department and requirements for your custody case using the official California Courts court finder before filing.
As required across California, San Mateo County parents in a contested custody or visitation dispute must attend child custody mediation through Family Court Services before a judge hears the matter. The county's self-help center can help self-represented parents understand procedure and complete forms, though staff are not able to give legal advice about your specific case.
If domestic violence is part of your situation, a domestic violence restraining order (Forms DV-100 and DV-110) can include temporary custody terms while your case is pending. Call 911 in an emergency, and the National Domestic Violence Hotline, 1-800-799-7233, is available 24 hours a day.
Step-by-step guides for your San Mateo County custody case
San Mateo County Child Custody FAQs
Where do I file for custody in San Mateo County?
Custody cases go through the Superior Court of California, County of San Mateo, based in Redwood City. Confirm the correct courthouse and department for family law filings using the official California Courts court finder before submitting your case.
How does San Mateo County decide legal custody versus physical custody?
San Mateo County judges apply California's statewide best interest of the child standard. Legal custody, the authority to make major decisions for a child, and physical custody, where the child lives, are decided separately and can each be joint or sole.
Is mediation required before a custody hearing in San Mateo County?
Yes, for contested custody or visitation disputes. San Mateo County follows California's statewide requirement that parents attend child custody mediation through Family Court Services before a judge will rule.
How do unmarried parents establish custody in San Mateo County?
Parentage typically needs to be established first, after which either parent can request custody orders using Form FL-300 with the FL-311 custody and visitation attachment. Virdix is a document preparation service, not a law firm, and can help prepare these forms accurately, but it does not give legal advice or represent you in court.
This page is general information about California child custody procedure in San Mateo County, not legal advice for your situation. Court locations, programs, and filing details change; always confirm current details with the Superior Court of California, County of San Mateo or the official California Courts self-help resources. If your case involves domestic violence, abduction risk, or a child's safety, contact the court's self-help center or a licensed California family law attorney, and in an emergency call 911. Virdix is not a law firm and is not a substitute for an attorney.