Mirkarimi was separated from his wife and son three weeks ago after he was charged with domestic violence. Friday, Mirkarimi asked that the stay-away order be modified.
"If you've ever been forced-separated, then certainly I would hope that any time that I would return back to court that I would leave with even a more expedited opportunity to be reunited with my son and that's kind of what I was hoping," Mirkarimi said.
A hearing requesting to be reunited with his family is scheduled for next Wednesday in family court, but Mirkarimi and his attorney asked that the case be heard Friday. They knew it was a long shot.
"What we were hoping for, which would be very unusual in cases like this, is an order today in between the official hearing so he could see his son before they have the full hearing," Mirkarimi's attorney Lidia Stiglich said.
"I miss my son terribly and he misses me," Mirkarimi said.
Mirkarimi's wife, Eliana Lopez was also in court Friday. She's agreeing to allow her husband to visit their son. One of her attorneys held up a drawing made by the couple's 2-year-old son, Theo. It says, "I love you daddy, I love mommy."
Mirkarimi was last seen in public with his son and wife on Jan. 8 during his swearing-in ceremony.
"Right now we have a little boy who has no idea where his daddy is and that's a terrible thing to happen," Lopez's attorney Deborah Wald said.
Mirkarimi has been charged with three misdemeanor counts after allegedly grabbing his wife during an argument on New Year's Eve.
Lopez has also hired a new attorney, Paula Canny. She represented trainer Greg Anderson in the Barry Bonds case.
"I care about doing the right thing and I want to see justice be done," Canny said.
Mirkarimi says he is doing other things to keep himself distracted, like working long hours. He also said he had bought books for his son in anticipation of being able to see him this weekend.