Quick Answer
To file for child custody in San Bernardino County, complete the appropriate Judicial Council forms based on your situation and file them at the San Bernardino Superior Court Family Law Division at 247 West Third Street, San Bernardino, California 92415, phone (909) 521-3101. Forms vary depending on whether you are filing as part of a divorce (Form FL-100), as part of a paternity case (Form FL-260), or as a modification of existing orders (Form FL-300). California Family Code section 3170 requires mediation through Family Court Services before any contested custody hearing. The mediation is free. After mediation, contested issues proceed to a court hearing where the judge applies the best interest of the child standard from California Family Code section 3011. The total timeline for an initial custody order is typically 8 to 16 weeks from filing.Table of Contents
Determine Your Filing Type
Before filing, determine which type of custody case applies to your situation. The right form depends on your circumstances:
Custody as Part of Divorce or Legal Separation
If you are married to the other parent and are seeking divorce or legal separation, custody is determined as part of that case. The main petition is Form FL-100 (Petition for Dissolution or Legal Separation). The custody portion is addressed through this filing.
Paternity Action for Unmarried Parents
If you and the other parent were never married, custody is determined through a paternity action. The main petition is Form FL-260 (Petition to Establish Parental Relationship). This form addresses parental relationship, custody, visitation, and child support together.
Modification of Existing Orders
If you already have a custody order and need to change it, you file a Request for Order using Form FL-300. The existing order must have been issued by a court with jurisdiction over the parents.
Emergency Custody Orders
In situations involving immediate risk to a child, you can file an emergency Request for Order seeking immediate temporary custody. Emergency procedures vary based on the specific circumstances and the urgency of the situation.
Required Forms by Case Type
Each case type requires specific Judicial Council forms. A board-certified family law specialist can help ensure you complete all required forms correctly for your specific situation.
Custody in Divorce or Legal Separation
- FL-100 (Petition for Dissolution or Legal Separation)
- FL-110 (Summons)
- FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act)
- FL-311 (Child Custody and Visitation Application Attachment)
- FL-115 (Proof of Service of Summons)
- FL-150 (Income and Expense Declaration)
Custody in Paternity Action
- FL-260 (Petition to Establish Parental Relationship)
- FL-200 (Summons for Parental Relationship)
- FL-105 (UCCJEA Declaration)
- FL-311 (Child Custody and Visitation Application Attachment)
- FL-115 (Proof of Service)
Modification of Existing Orders
- FL-300 (Request for Order)
- FL-311 (Child Custody and Visitation Application Attachment)
- FL-150 (Income and Expense Declaration if support is also at issue)
- FL-115 (Proof of Service)
Step by Step Filing Process
- Determine your filing type and gather the appropriate forms
- Complete all forms with accurate, detailed information
- Make copies (original plus 2 copies for filing)
- Travel to the San Bernardino Justice Center at 247 West Third Street, San Bernardino, California 92415
- Submit forms at the filing window (closes earlier than business hours, typically 3:00 PM)
- Pay the filing fee ($435 in 2026) or submit fee waiver application FW-001
- Receive your case number and stamped copies
- Serve the other parent with copies of all filed documents
- File the Proof of Service of Summons (FL-115) with the court
- Attend the mandatory Family Court Services mediation
- Attend the court hearing if mediation does not resolve all issues
Service Requirements
After filing, the other parent must be formally notified through proper service of process. Service requirements vary based on case type:
Who Can Serve
- Sheriff or marshal (free for parents qualifying for fee waivers)
- Professional process server ($50 to $150)
- Any adult who is not a party to the case
How Service Works
Service must be in person unless the other parent signs a Notice and Acknowledgment of Receipt (Form FL-117) accepting service by mail. The person serving the papers personally delivers all filed documents to the other parent. The server then completes the Proof of Service of Summons (Form FL-115).
Service Deadlines
Service must be completed at least 16 court days before the hearing under California Code of Civil Procedure section 1005. Court days exclude weekends and court holidays. If service cannot be completed in time, you can request a continuance of the hearing.
Mandatory Family Court Services Mediation
California Family Code section 3170 requires mediation through Family Court Services before any contested custody hearing. This applies to all San Bernardino County custody cases. The mediation is:
- Free of charge
- Conducted by a trained mediator (mental health professional or specially trained attorney)
- Confidential under California Family Code section 3175
- Required before any contested hearing
How the Mediation Works
After your case is filed and served, the court schedules a mediation session. Both parents are required to attend. The mediator works with the parents to:
- Identify the issues in dispute
- Discuss possible parenting arrangements
- Explore solutions that work for both parents
- Help reach agreement when possible
- Document any agreement reached
If the parents reach agreement, the mediator helps draft an agreement that is submitted to the court for approval. If the parents do not reach agreement, the case proceeds to a contested hearing.
Preparing for Mediation
To make the most of your Family Court Services mediation:
- Think through what custody arrangement you want and why
- Consider what compromises you might accept
- Focus on the children’s best interests
- Bring a calendar showing work and school schedules
- Prepare a brief written summary of your concerns
- Be willing to listen to the other parent’s perspective
- Avoid blame and personal attacks
The Custody Hearing
If mediation does not resolve all custody issues, the case proceeds to a contested hearing before a family court judge. The hearing typically follows this format:
- Both parents appear at the assigned department on the scheduled date
- The judge calls the case and confirms appearance of both parents
- The petitioner (the parent who filed) presents their position first
- The respondent (the other parent) presents their position
- Both parents may have the opportunity to cross examine the other and any witnesses
- The judge may ask questions of both parents
- The judge issues a written decision or oral order
Hearings typically last 30 minutes to 2 hours depending on the complexity of issues. Highly contested cases may require multiple hearing dates or a full trial scheduled later.
What the Court Considers
California Family Code section 3011 requires the court to consider 5 specific factors in custody decisions:
- Health, safety, and welfare of the child (the most important factor)
- Any history of abuse against the child or the other parent
- Nature and amount of contact each parent has had with the child
- Habitual or continual illegal use of controlled substances or alcohol by either parent
- Child’s preference if age and capacity allow meaningful preference
Beyond these specific factors, California Family Code section 3020 establishes a public policy in favor of frequent and continuing contact with both parents. The best interest standard guides all decisions.
Cost of Filing
Filing costs in San Bernardino County:
- Filing fee for new custody case: $435 in 2026
- Response fee if other parent files response: $435
- Filing fee for Request for Order (modification): $60
- Service by sheriff: $40 to $150 (free for fee waiver cases)
- Fee waiver available through Form FW-001 for low income filers
If you cannot afford the filing fee, submit a Request to Waive Court Fees (Form FW-001). The court reviews your financial information and may waive the fee. Approval typically depends on receiving certain government benefits or having income below specific thresholds.
Timeline Expectations
Typical timeline for an initial custody filing in San Bernardino:
- Weeks 1 to 2: Complete and file forms
- Weeks 2 to 3: Serve the other parent
- Weeks 3 to 6: File Proof of Service and complete other initial steps
- Weeks 6 to 10: Family Court Services mediation
- Weeks 10 to 16: Court hearing if mediation does not resolve issues
- Weeks 16 to 20: Court issues written orders
Emergency cases involving immediate child safety can move faster. Highly contested cases requiring custody evaluations can take 6 to 12 months for full resolution.
Common Mistakes to Avoid
- Filing the wrong type of case (divorce vs paternity vs modification)
- Failing to include all required forms
- Inadequate or inaccurate UCCJEA declaration (Form FL-105)
- Improper service of the other parent
- Missing the mediation appointment without rescheduling
- Failing to bring documents to court hearings
- Making allegations without evidence
- Focusing on disputes with the other parent rather than the children’s needs
- Failing to follow temporary court orders during the case
- Bringing children to court hearings without permission
What to Bring to Court
For your custody hearing, bring:
- All filed court documents and stamped copies
- Calendar of work and school schedules
- Records of involvement with children (school, healthcare, activities)
- Photos with children (printed)
- Communication records with the other parent (texts, emails)
- Any safety related evidence if relevant
- Witness names and contact information if witnesses will testify
- Your Family Court Services mediation report
- Proposed parenting schedule
- Notes about what you want to tell the judge
Frequently Asked Questions
Q: Where do I file for custody in San Bernardino County?
A: Custody cases in San Bernardino County are filed at the San Bernardino Superior Court Family Law Division at 247 West Third Street, San Bernardino, California 92415, phone (909) 521-3101. This is the only family law courthouse for San Bernardino County. The court is open Monday through Friday from 8:00 AM to 4:00 PM, with the filing window typically closing at 3:00 PM. The court serves all cities in San Bernardino County including Ontario, Rancho Cucamonga, Fontana, Rialto, Victorville, and others.
Q: Do I need to be married to the other parent to file for custody?
A: No. Married parents file custody as part of divorce or legal separation using Form FL-100. Unmarried parents file a paternity action using Form FL-260 (Petition to Establish Parental Relationship). The paternity action establishes the parental relationship and addresses custody, visitation, and child support together. The legal procedures and standards for determining custody are the same regardless of whether the parents are married.
Q: How much does it cost to file for custody in San Bernardino?
A: The filing fee for a new custody case is $435 in 2026. The other parent pays an additional $435 if they file a response. For modifications of existing orders, the filing fee for a Request for Order is $60. Sheriff service costs $40 to $150. Fee waivers are available for low income filers using Form FW-001. If you cannot afford the filing fee, submit the fee waiver application with detailed financial information showing your inability to pay.
Q: Is mediation required before a custody hearing?
A: Yes. California Family Code section 3170 requires mediation through Family Court Services before any contested custody hearing in California. The mediation is free, confidential, and conducted by trained mediators. Both parents must attend. If parents reach agreement during mediation, the agreement is submitted to the court for approval. If parents do not reach agreement, the case proceeds to a contested hearing. Mediation is required even if you believe agreement is impossible.
Q: Can I file for emergency custody in San Bernardino?
A: Yes, in situations involving immediate risk to the child. Emergency custody requests are made through a Request for Order (Form FL-300) with specific emergency procedures. The petition must clearly explain the immediate danger. The court may schedule an immediate hearing or issue ex parte orders pending a hearing. Examples of emergencies include immediate physical danger, threats to remove the child from the jurisdiction, or substantial neglect. Routine disagreements between parents do not constitute emergencies.
Q: How long does a San Bernardino custody case take?
A: Initial custody orders typically take 8 to 16 weeks from filing to a court order. This includes time for filing, service, mediation, and the contested hearing if mediation does not resolve issues. Highly contested cases requiring custody evaluations can take 6 to 12 months. Emergency cases can move much faster, sometimes with orders the same day or within a few days. Routine modification cases typically take 6 to 12 weeks. Court calendar availability affects timing.
Q: What if my custody case crosses state lines?
A: Cases involving children who live or have lived in multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in California Family Code section 3400 and following. The home state of the child generally has jurisdiction over the initial custody determination. The UCCJEA prevents conflicting custody orders from different states. Form FL-105 (UCCJEA Declaration) is required in every California custody case, including those that appear to be entirely within California. International custody cases involve additional complications.
Q: Do I need a lawyer to file for custody in San Bernardino?
A: You are not legally required to have a lawyer. The San Bernardino County Family Law Facilitator provides free assistance to self represented parties. Family Court Services mediation is free for all parties. However, contested custody cases involving complex factual disputes, allegations of abuse or neglect, move away requests, or significant disagreement about parenting arrangements often benefit significantly from attorney representation. Board certified family law specialists offer the highest level of expertise for complex cases. Many family law attorneys offer free initial consultations.
Bottom Line
Filing for custody in San Bernardino County requires completing the appropriate Judicial Council forms based on your situation (divorce, paternity, or modification), filing at the San Bernardino Superior Court Family Law Division at 247 West Third Street, San Bernardino, California 92415, phone (909) 521-3101, paying the $435 filing fee or applying for a waiver, serving the other parent, attending mandatory Family Court Services mediation, and proceeding to a contested hearing if mediation does not resolve all issues. Initial custody orders typically take 8 to 16 weeks. The court applies the best interest of the child standard from California Family Code section 3011. Free assistance is available through the Family Law Facilitator and Family Court Services.
Custody decisions affect your relationship with your children for years. A free consultation with a board-certified family law specialist can help you develop the right strategy for your specific situation.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Custody procedures involve specific legal requirements. For advice specific to your situation, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.
