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How much does it cost to file for custody in California?

Opening a standalone custody case in California costs $435 for the first paper under Government Code §70670 — the same first-paper fee as a divorce — and coming back later to change custody costs $85: a $60 request-for-order fee under §70677(a) plus the $25 custody-modification add-on under §70678. California prices custody inside its uniform statewide fee schedule, so the figures are identical from San Diego to Humboldt.

California custody fees at a glance

Which paper you file decides which line applies. A parent with no existing case files a Petition for Custody and Support of Minor Children or a parentage petition — a first paper at $435. A parent who already has a dissolution or parentage judgment and wants custody changed files a Request for Order (FL-300): $60, plus $25 because the request modifies or enforces custody or visitation, for $85 total. The national picture is on the child custody filing costs hub, and California's divorce-side fees are on the California divorce costs page.

Mediation comes before the judge — and its price is local

California requires mediation of contested custody and visitation before (or alongside) a hearing, under Family Code §3170, delivered through Family Court Services in each superior court. Many counties provide the mediation itself without a separate charge, while a full child custody evaluation under Family Code §3111 is priced by the court and the evaluator — the statewide schedule lists it as an amount set by court, so this page publishes no evaluation figure. Parents should budget the clerk fees exactly ($435 to open, $85 to modify) and treat evaluation, where ordered, as a case-specific cost confirmed with their own court.

Parentage, support and the free DCSS track

Custody between unmarried parents usually travels with a parentage case: the court establishes legal parentage, then custody, visitation and support in the same proceeding, all opened by the same $435 first paper. Where the Department of Child Support Services brings or joins the parentage or support case, Government Code §70672 removes the filing fee for the agency's papers and for responses on support-only issues — one reason support-first cases often cost a parent nothing at the window while a custody-first private filing costs $435. If custody is genuinely the only dispute and a judgment already exists, the $85 modification route is the correct — and far cheaper — door.

1. Choose the right door: a first-paper petition ($435) if no case exists, or a Request for Order if a judgment already covers your children
2. File with the superior court clerk in the county where the children live and pay the fee $435 first paper $85 to modify custody ($60 + $25)
3. Serve the other parent; their responsive first paper is also $435 where they open their side of a new case
4. Attend Family Court Services mediation under Fam. Code §3170 before the custody hearing
5. Receive temporary orders, then a judgment or stipulated order; order certified copies for school and medical records

What custody really costs beyond the clerk

The clerk's numbers are the floor, not the case. A custody evaluation, where the court orders one, is the largest court-connected cost and is set case by case. Attorney fees are market-priced and dominate contested litigation. Two costs are predictably zero: domestic-violence restraining order filings carry no fee, and a stipulation both parents sign and submit without a hearing costs only the $20 stipulation-and-order line where an order is required. Compare custody pricing in Texas custody costs and Ohio custody costs.

Can't afford the fee?

California's fee waiver (Forms FW-001 and FW-003, under Gov. Code §68631) waives the first-paper and motion fees for filers who receive means-tested benefits, meet the household-income standard, or show they cannot pay court fees and still meet basic living needs. File the waiver request with the petition — the clerk must accept the papers while the request is decided. The general mechanics are explained in the fee waiver guide.

Sources: California Statewide Civil Fee Schedule (Judicial Council) — first paper, other family law $435, Gov. Code §70670(a)/(c); request for order $60, §70677(a); custody/visitation modification add-on $25, §70678; stipulation and order $20, §70677(c); DCSS filings no fee, §70672 · Fam. Code §3170 (custody mediation), §3111 (custody evaluation, court-set), §6222 (no fee, domestic violence orders) · Gov. Code §68631 (fee waiver). Last verified: October 2026 — confirm current figures with your superior court clerk.