How Long Does It Take to Get a Child Custody Order?

Quick Answer

Getting a child custody order takes 1–18 months. Uncontested cases where both parents agree on a custody arrangement are typically finalized in 1–3 months. Contested cases involving disputes, custody evaluations, or trial preparation average 6–18 months, with highly complex cases occasionally exceeding 2 years.

Timeline: Contested vs. Uncontested

Factor	Uncontested	Contested
Total timeline	1–3 months	6–18 months
Attorney needed	Optional	Strongly recommended
Court appearances	1 (final hearing)	3–10+
Cost range	$500–$3,000	$5,000–$50,000+
Mediation required	Sometimes	Usually
Custody evaluation	Rarely	Often
Trial	No	Possible

Step-by-Step Timeline

Step	Uncontested Timeline	Contested Timeline
File petition with the court	1 day	1 day
Serve the other parent	1–4 weeks	1–4 weeks
Response period	20–30 days	20–30 days
Temporary custody hearing	Not needed	2–6 weeks after filing
Mediation	2–4 weeks	4–12 weeks
Custody evaluation (if ordered)	N/A	2–4 months
Discovery and depositions	N/A	2–6 months
Settlement conference	N/A	1–3 months
Trial	N/A	1–5 days (scheduled 3–9 months out)
Final order issued	1–4 weeks after hearing	2–8 weeks after trial
Total	1–3 months	6–18 months

Temporary vs. Permanent Orders

Courts can issue temporary (interim) custody orders relatively quickly, usually within 2–6 weeks of filing. These orders remain in place while the case proceeds to a final resolution. Temporary orders address:

• Physical custody schedule
• Decision-making authority
• Child support
• Restrictions (relocation, introducing new partners)

Temporary orders are especially important in contested cases because the final order may take a year or more, and children need a stable arrangement in the interim.

Factors That Extend the Timeline

Factor	Added Time	Why
Custody evaluation	2–4 months	Evaluator interviews both parents, children, and references
Guardian ad litem appointment	1–3 months	Independent investigation of child's best interests
Parenting classes (court-ordered)	4–8 weeks	Must complete before final hearing
Relocation disputes	2–6 months	Additional legal and evidentiary requirements
Allegations of abuse	3–12 months	CPS investigation, possible criminal proceedings
Multiple continuances	1–4 months each	Either party can request delays
Court backlog	1–6 months	Varies heavily by jurisdiction

Custody Arrangements

Arrangement	Description	Common Schedule
Joint legal custody	Both parents share decision-making	N/A (not a schedule)
Joint physical custody	Child spends substantial time with both parents	50/50 or 60/40 split
Sole physical custody	Child lives primarily with one parent	Every other weekend + one weeknight
Bird's nest custody	Child stays in one home; parents rotate	Parents alternate weekly

Mediation

Most states require mediation before a custody case can go to trial. Mediation typically takes 1–4 sessions over 2–8 weeks. The success rate for custody mediation is approximately 50–70%, meaning many cases settle without going to trial. Failed mediation moves the case to the litigation track, adding months to the timeline.

Modifying an Existing Order

After a custody order is in place, either parent can petition to modify it if there has been a substantial change in circumstances. Modification petitions follow a similar process but typically resolve faster — 2–6 months for uncontested modifications and 4–12 months for contested ones. Common reasons for modification include relocation, changes in work schedule, remarriage, or concerns about the child's wellbeing.