Hiring a Child Custody Lawyer in California
How courts in California decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in California: fee rules
| Rules on contingency fees | California's Rule 1.5 bars unconscionable or illegal fees and lists factors for judging a fee, including whether it is fixed or contingent and whether the client gave informed consent. Under Rule 1.5(c), a lawyer may not charge any fee in a family law matter that is contingent on securing a dissolution or nullity of marriage or on the amount of spousal or child support or a property settlement, and may not charge a contingent fee to represent a criminal defendant. Chapter 1 PDF: https://www.calbar.ca.gov/sites/default/files/portals/0/documents/rules/Rules-of-Professional-Conduct-1.pdf |
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| If you disagree with a lawyer's bill | California's Mandatory Fee Arbitration program lets clients dispute an attorney's bill; if the client requests arbitration through the program, the attorney must participate. Most fee arbitrations are run by local county bar association programs where most of the legal services were provided; if there is no local program, the State Bar may provide arbitration. Mediation is also available and is voluntary for both sides. A filing fee applies. Clients do not need a lawyer. State Bar program phone: 415-538-2020. |
| If a lawyer takes your money | The State Bar's Client Security Fund, funded by California lawyers, can reimburse people who lost money or property because a California lawyer committed theft or dishonest conduct. Reimbursement is discretionary and can be up to $100,000 per claim, depending on when the loss occurred. Negligence, malpractice and incompetence, interest, expenses and consequential damages are not covered, and you must be able to prove the lawyer received your money or property. Filing is free and no lawyer is required; filing does not stop statutes of limitations on other remedies. |
California rules to know first
| How custody is decided | Custody and visitation (parenting time) must be in the child's best interest. Judges consider the child's age and health, emotional ties with each parent, ties to school, home and community, each parent's ability to care for the child, any history of family violence, and regular substance abuse. Legal and physical custody can each be joint or sole. If a child is of sufficient age and capacity to form an intelligent preference, the court must consider and give due weight to the child's wishes; a child 14 or older who wants to address the court must generally be allowed to do so. Fam. |
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| Emergency custody | A judge may make or change a custody order on an emergency (ex parte) basis only if there is a showing of immediate harm to the child (such as recent or ongoing domestic violence or sexual abuse) or an immediate risk that the child will be removed from California. You must have, or start, a family law case. File a Request for Order (FL-300) marked for temporary emergency orders and a Temporary Emergency (Ex Parte) Orders form (FL-305), with facts you personally know; the filing fee is $60 unless you have a fee waiver (more if it is the first paper in the case). The judge may decide the same day or by the next business day and sets a hearing to decide whether the order continues. Your court's self-help center or family law facilitator can help with local rules. Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3064 |
| Parenting classes | If custody or visitation is contested, the court must send the contested issues to mediation (child custody recommending counseling or mediation through Family Court Services). Domestic violence cases are handled under a separate protocol. Parent education programs may also be offered by local courts. Whether a parenting class is required depends on the local court. Source: Cal. Fam. Code § 3170 |
| Grandparents' rights | A grandparent may ask for reasonable visitation if there is a preexisting bond making visits in the child's best interest, and the court balances that against the parents' right to make decisions. While the parents are married, a grandparent can generally petition only in listed situations, such as the parents living apart, a parent absent over a month, a parent joining the petition, the child not living with either parent, stepparent adoption, or a parent's incarceration. Visits are presumed not to be in the child's best interest if both parents object, or if the custodial parent objects. Grandparents of a deceased parent may also seek visitation. |
Find and check a lawyer
| Lawyer referral service | The State Bar of California does not run its own referral service ("the State Bar is not a Lawyer Referral Service"); it certifies lawyer referral services that meet standards approved by the California Supreme Court. A certified service can help you decide whether you need a lawyer and, where available, refer you to a local lawyer in good standing with professional liability insurance who handles your type of problem; you do not have to hire that lawyer. "Lawyers referred to you will offer you an initial consultation for a reduced fee or no fee." Find a certified service with the State Bar's online directory by county, area of law and language. The California Courts self-help guide says referral services typically list lawyers who meet for 30 minutes for a small fee (around $40). Courts self-help guide: https://selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help |
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| Check that the lawyer is licensed | The State Bar of California's "Check Attorney Profile" licensee search is the official tool for looking up California attorneys. |
| Check discipline history or file a complaint | Complaints about attorney misconduct are filed with the State Bar of California through its online complaint application; the bar's Public Trust Liaison Office helps members of the public with questions. Fee disagreements follow a separate fee dispute process. The State Bar also publishes recent disciplinary actions. Recent disciplinary actions: https://www.calbar.ca.gov/public/concerns-about-attorney/recent-disciplinary-actions ; Public Trust Liaison Office: https://www.calbar.ca.gov/public/concerns-about-attorney/public-trust-liaison-office |
Free legal help
| Free legal aid | All California superior courts have free legal self-help programs, where staff give legal information and help with forms but cannot represent you. For non-criminal cases, legal services programs give free or low-cost help depending on your income and type of problem; use LawHelpCalifornia.org to find local legal aid offices. LSC-funded legal aid organizations in California include Bay Area Legal Aid, California Indian Legal Services, California Rural Legal Assistance, Central California Legal Services, Greater Bakersfield Legal Assistance, Inland Counties Legal Services, Legal Aid Foundation of Los Angeles, Community Legal Aid SoCal, Legal Aid Society of San Diego, Legal Services of Northern California and Neighborhood Legal Services of Los Angeles County. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.