CHILD CUSTODY · TIMELINE · April 2025
When you are in the middle of a custody dispute, time feels both urgent and impossibly slow. One of the first questions clients ask is how long the process will actually take. The honest answer is that it depends — on whether the case is contested, on the court's current caseload, and on whether emergency orders are needed. Here is a realistic breakdown of what to expect at each stage of a custody case in Sacramento County.
Uncontested Custody: 4 to 10 Weeks
When both parents are able to agree on a custody arrangement and parenting plan without going to a contested hearing, the process can move relatively quickly. You and the other parent (with or without attorneys) negotiate the terms of a parenting plan, reduce it to writing using the appropriate Judicial Council forms, and submit it to Sacramento Superior Court for a judge's approval. If the judge finds the arrangement to be in the child's best interests, it is approved and becomes a binding court order. From first filing to final order, uncontested custody cases typically take 4 to 10 weeks depending on court scheduling and how quickly the paperwork is completed and submitted. Even in uncontested cases, having an attorney review the parenting plan before you sign is extremely valuable — terms that seem clear now can become ambiguous or unworkable later, and modifying a final order requires showing a significant change in circumstances.
Contested Custody: 6 to 18 Months
When parents cannot agree, the case becomes contested and the timeline extends significantly. The typical contested custody timeline in Sacramento County flows through several mandatory stages. Within the first few weeks, temporary orders are established — either by agreement or by the court — that govern custody while the case is pending. These temporary orders matter enormously because courts are naturally reluctant to disrupt arrangements that appear to be working, so the temporary order often foreshadows the final outcome. After temporary orders, the court requires both parents to attend Family Court Services (FCS) mediation — a confidential session with a court-employed mediator whose goal is to help the parties reach a custody agreement without a trial. If FCS mediation produces an agreement, the case can resolve relatively quickly. If it does not, the case proceeds to a contested hearing before a judge. Contested custody hearings in Sacramento typically cannot be scheduled for 3 to 6 months after mediation fails, due to court caseload. At the hearing, each side presents evidence and testimony. The judge makes a ruling — sometimes the same day, sometimes in a written decision issued days or weeks later.
Emergency Orders: Same Day
When a child is in immediate danger, the court can act the same day you file. Emergency ex parte custody orders — orders made without advance notice to the other parent — are available when there is credible evidence of immediate risk of harm to the child. If you are granted an emergency order, a noticed hearing is typically set within 20 to 25 days at which both parties can appear and the court makes a longer-term determination. Attorney Sarkovich can file emergency custody motions the same day you call — reach him at (916) 545-5036.
Factors That Extend the Timeline
Several factors commonly extend the timeline of a custody case in Sacramento. Complex domestic violence allegations require additional evidentiary hearings and may involve concurrent criminal proceedings. Requests for custody evaluations — formal psychological assessments of both parents and the child conducted by a court-appointed evaluator — add 3 to 6 months to the timeline but can be critical in high-conflict cases. Relocation disputes are among the most complex and time-consuming custody matters. And parties who repeatedly request continuances (delays) or who file excessive motions can drag a case out considerably. An attorney who understands Sacramento Superior Court procedures and who moves efficiently and strategically — rather than billing by the hour on unnecessary filings — will typically resolve your case faster and at lower overall cost.
What You Can Do to Move Things Faster
The single most effective thing you can do to shorten your custody case is to document everything from day one and arrive at every stage of the process fully prepared. Courts move faster when the parties are organized, their evidence is in order, and their positions are clearly articulated. A parent who comes to FCS mediation with a detailed, thoughtful parenting plan proposal is far more likely to reach an agreement in mediation — avoiding a contested hearing entirely — than one who arrives unprepared. An attorney helps you prepare for each stage so you are not scrambling at the last minute, which wastes both time and money. Contact ROC Family Law at (916) 545-5036 for a free consultation on your custody matter.