Your Children's Future: A Guide to Custody During a Bay Area Divorce

When parents decide to separate, their primary focus immediately shifts to the well-being of their children. The process of determining custody and creating a new co-parenting dynamic can feel overwhelming. At Szeto-Wong Law, we approach child custody not as a battle to be won, but as a constructive process designed to build a secure and loving foundation for your children's future.

Our firm is founded on the principle of protecting your precious relationship with your children. We provide families throughout the San Francisco Bay Area with strategic, clear-headed guidance to establish a lasting parenting plan that promotes stability and minimizes future conflict.

The "Best Interests" Standard in California Custody Cases

In California, the court's entire focus in a custody matter is guided by a single principle: the "best interests of the child." This is a comprehensive legal standard that compels a judge to weigh all factors related to a child's health, safety, and overall welfare, placing their needs above the parents' individual desires.

To build a plan under this standard, the court defines two types of custody:

• Legal Custody: This grants a parent the authority to make significant decisions for a child's welfare. This includes choices regarding education, non-emergency healthcare, and religious upbringing. The courts in the Bay Area have a strong preference for joint legal custody, ensuring both parents remain involved in these vital decisions.

• Physical Custody: This designates with whom the child will live. A joint physical custody arrangement means the child spends substantial time residing with both parents. In a sole physical custody arrangement, the child lives with one parent, and the other parent has a visitation schedule (parenting time).

Building a Durable and Detailed Parenting Plan

A successful custody arrangement culminates in a comprehensive Parenting Plan. This document is a legally binding court order that acts as a detailed blueprint for how you will raise your children in separate households. Its primary purpose is to provide clarity and prevent future disputes.

Szeto-Wong Law helps you structure every critical element of this plan, including:

• A consistent residential schedule (e.g., weekly, 2-2-5, etc.).

• A specific calendar for all major holidays, school vacations, and summers.

• Clear protocols for managing travel, both within the U.S. and internationally.

• Rules of engagement for parent-to-parent communication.

• How to handle decisions for extracurricular activities and medical care.

Our attorneys are adept negotiators focused on helping you and your co-parent reach a durable agreement outside of court. Should litigation become necessary, however, we are proven trial lawyers who will powerfully advocate to protect your parental rights and your child's best interests.

Your children deserve a stable and secure future. Contact Szeto-Wong Law today for a confidential consultation to discuss your child custody case. Call 650-426-6264 to speak with an experienced San Francisco Bay Area family law attorney.

Navigating Custody in San Francisco Superior Court: What to Expect

While the "best interests of the child" standard applies statewide, the San Francisco Unified Family Court has a distinct process for resolving custody disputes that parents must navigate. Understanding this local procedure is crucial.

1. Mandatory Confidential Mediation: Before a judge will hear a contested custody matter, all parents are required to attend mediation through Family Court Services (FCS). Unlike in some other counties, mediation in San Francisco is confidential. This means the mediator will not make a recommendation to the judge if you and the other parent cannot reach an agreement. The goal is purely to help parents create their own mutually acceptable parenting plan in a private setting.

2. Required Parental Orientation: Prior to your mediation session, the court mandates that all parents complete an orientation program. This class is designed to explain the mediation process, provide information on how parental conflict affects children, and help parents focus on their children's needs.

3. Tier 2 Assessments for High-Conflict Cases: If parents cannot reach an agreement in confidential mediation and the case involves complex issues or high levels of conflict, a San Francisco judge may order a Tier 2 Assessment. This is a step beyond standard mediation. The court will appoint a neutral professional to gather specific information—which may include interviewing the parents, children, and other relevant parties—and provide a focused report back to the judge. This is not a full-scale custody evaluation but is a tool the court uses to get more information on specific, unresolved issues before making a final decision.

Your Case in San Francisco: The Unified Family Court

Navigating the court system can be intimidating. In San Francisco, all divorce, legal separation, and other family law matters are handled centrally at the Unified Family Court, located within the main Civic Center Courthouse. Knowing where to go and what to expect can provide peace of mind as you begin the legal process.

Key Courthouse Information:

• Court Location: Civic Center Courthouse 400 McAllister Street San Francisco, CA 94102

• Designated Division: All family law cases are assigned to the Unified Family Court (UFC), a specialized division of the Superior Court of California, County of San Francisco.

• Where to File Your Documents: The Family Law Clerk's Office, where all petitions, responses, and motions are officially filed, is located in Room 402 of the courthouse.

• Self-Help & Resources: For individuals seeking general information or assistance with forms, the court provides the ACCESS (Assisting Court Customers with Education and Self-Help) Center in Room 509.

Next Steps Toward Your Future

Navigating a divorce or separation is a journey you do not have to take alone. Let us provide the support, knowledge, and advocacy you need to move forward with confidence.

Contact Szeto-Wong Law today to schedule a confidential consultation. Call us at 650-426-6264 or fill out our online contact form to connect with an experienced San Francisco Bay Area family law attorney.

Other San Francisco Resources

If you are seeking legal separation in San Francisco County, you might find these other resources helpful.