California Child Custody and Parenting Plan Agreement

CHILD CUSTODY AND PARENTING PLAN AGREEMENT

State of California
Superior Court of California, County of [________________________________]

Case No.: [________________________________]

TABLE OF CONTENTS

1. Parties and Children
2. Recitals and Acknowledgments
3. Custody Designations
4. Legal Custody and Decision-Making
5. Physical Custody and Parenting Time Schedule
6. Holiday and Special Occasion Schedule
7. Vacation and Extended Time
8. Transportation and Exchanges
9. Right of First Refusal
10. Communication Provisions
11. Relocation and Move-Away Provisions
12. Domestic Violence Provisions
13. Child's Preference
14. Access to Records
15. Child Support Cross-Reference
16. Health Insurance and Medical Provisions
17. Education Provisions
18. Extracurricular Activities
19. Travel and Passport Provisions
20. Substance Use and Safety Provisions
21. New Partners and Household Members
22. Dispute Resolution and Mediation
23. Modification Standards
24. UCCJEA Jurisdiction
25. General Provisions
26. Execution and Court Approval

SECTION 1: PARTIES AND CHILDREN

1.1 Parent Information

Parent A (Petitioner/Respondent):

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Current Address: [________________________________]
• City, State, ZIP: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• California Driver's License or ID No.: [________________________________]

Parent B (Petitioner/Respondent):

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Current Address: [________________________________]
• City, State, ZIP: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• California Driver's License or ID No.: [________________________________]

1.2 Relationship of the Parties

The Parents' relationship is (select one):

☐ Married (Date of Marriage: [__/__/____]; Date of Separation: [__/__/____])
☐ Registered Domestic Partners (Date of Registration: [__/__/____]; Date of Separation: [__/__/____])
☐ Unmarried Parents
☐ Other: [________________________________]

Proceeding type: ☐ Dissolution ☐ Legal separation ☐ Parentage ☐ Modification of existing custody order ☐ Other: [________________________________]

Existing parentage or custody order (court, case number, date), if any: [________________________________]

1.3 Minor Children Subject to This Agreement

Child 1:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Age: [____]
• Gender: [________________________________]
• Current School: [________________________________]
• Current Grade: [____]

Child 2:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Age: [____]
• Gender: [________________________________]
• Current School: [________________________________]
• Current Grade: [____]

Child 3:

• Full Legal Name: [________________________________]
• Date of Birth: [__/__/____]
• Age: [____]
• Gender: [________________________________]
• Current School: [________________________________]
• Current Grade: [____]

1.4 Children's Primary Residence

The children's current primary residence is located at:
[________________________________]
County of [________________________________], California [____]

SECTION 2: RECITALS AND ACKNOWLEDGMENTS

2.1 Purpose

The Parents enter into this Child Custody and Parenting Plan Agreement ("Agreement") for the purpose of establishing custody, parenting time, and decision-making authority for the minor children identified in Section 1.3 above ("Children"), in accordance with the California Family Code and in the best interests of the Children.

2.2 Best Interests Acknowledgment

The Parents acknowledge that pursuant to California Family Code Section 3011, all custody and visitation determinations must serve the best interests of the Children. The Parents affirm that the terms of this Agreement have been crafted with primary consideration given to:

(a) The health, safety, and welfare of the Children;
(b) The nature and amount of contact with both Parents;
(c) Any history of abuse covered by Family Code Section 3011(a)(2), including abuse of a child, the other Parent, or another person listed there;
(d) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either Parent; and
(e) Any other factors the Court deems relevant to the Children's best interests.

When supported by relevant, admissible evidence, the Court must also consider whether a parent caused human trafficking of the child or other Parent (Fam. Code § 3040.5).

2.3 Frequent and Continuing Contact

Consistent with California Family Code Section 3020, the Parents acknowledge that California public policy favors ensuring that Children have frequent and continuing contact with both Parents after separation, except where such contact would not be in the Children's best interests, and that Parents are encouraged to share the rights and responsibilities of child rearing.

2.4 Voluntary Agreement

Each Parent enters into this Agreement voluntarily, without coercion or duress, and with a full understanding of its terms and implications. Each Parent has had the opportunity to consult with independent legal counsel before executing this Agreement.

2.5 Full Disclosure

Each Parent has made full and complete disclosure of all material information relevant to the Children's health, safety, education, and welfare.

2.6 No Pending Protective Orders

☐ There are no pending or existing domestic violence restraining orders, criminal protective orders, or civil harassment restraining orders between the Parents or involving the Children.

☐ The following protective orders are currently in effect and the terms of this Agreement are consistent with and subject to such orders: [________________________________]

SECTION 3: CUSTODY DESIGNATIONS

3.1 Legal Custody

The Parents agree that legal custody of the Children shall be as follows (select one):

☐ Joint Legal Custody — Both Parents shall share the right and responsibility to make decisions relating to the health, education, and welfare of the Children, as set forth in Section 4 of this Agreement.

☐ Sole Legal Custody to Parent A — Parent A shall have the sole right and responsibility to make decisions relating to the health, education, and welfare of the Children, subject to the consultation requirements in Section 4 of this Agreement, if any.

☐ Sole Legal Custody to Parent B — Parent B shall have the sole right and responsibility to make decisions relating to the health, education, and welfare of the Children, subject to the consultation requirements in Section 4 of this Agreement, if any.

3.2 Physical Custody

The Parents agree that physical custody of the Children shall be as follows (select one):

☐ Joint Physical Custody — The Children shall reside with both Parents in accordance with the parenting time schedule set forth in Section 5 of this Agreement.

☐ Primary Physical Custody to Parent A with Parenting Time to Parent B — The Children shall primarily reside with Parent A. Parent B shall have parenting time as set forth in Section 5 of this Agreement.

☐ Primary Physical Custody to Parent B with Parenting Time to Parent A — The Children shall primarily reside with Parent B. Parent A shall have parenting time as set forth in Section 5 of this Agreement.

☐ Sole Physical Custody to Parent A — The Children shall reside solely with Parent A, subject to any visitation schedule set forth in Section 5.

☐ Sole Physical Custody to Parent B — The Children shall reside solely with Parent B, subject to any visitation schedule set forth in Section 5.

If the Parents agree to both joint legal and joint physical custody, Family Code Section 3080 supplies a presumption in favor of joint custody, subject to Section 3011 and any applicable domestic violence presumption under Section 3044. The Court makes the custody determination.

3.3 Designation for School Enrollment and Legal Purposes

For purposes of school enrollment, receipt of government benefits, and other legal purposes requiring designation of a primary address, the Children's primary residence shall be:

☐ Parent A's residence
☐ Parent B's residence

SECTION 4: LEGAL CUSTODY AND DECISION-MAKING

4.1 Major Decisions Requiring Joint Consultation

If joint legal custody has been selected in Section 3.1, both Parents shall confer in good faith and reach agreement before making any major decisions regarding the Children in the following areas:

4.1.1 Education Decisions

(a) Choice of school (public, private, charter, or home school);
(b) Special education services and Individualized Education Programs (IEPs);
(c) Tutoring and academic support services;
(d) Grade retention or advancement;
(e) School transfers; and
(f) College and post-secondary planning.

4.1.2 Healthcare Decisions

(a) Selection of primary care physician, dentist, and specialists;
(b) Non-emergency medical, dental, and surgical procedures;
(c) Mental health treatment, therapy, or counseling;
(d) Orthodontic treatment;
(e) Vaccinations (except those required by law for school enrollment);
(f) Prescription medication for ongoing conditions; and
(g) Selection of health insurance plan.

4.1.3 Religious and Cultural Upbringing

(a) Religious instruction, education, or training;
(b) Religious ceremonies (baptism, communion, bar/bat mitzvah, etc.);
(c) Regular attendance at religious services; and
(d) Cultural activities or traditions significant to the Children's identity.

4.1.4 Extracurricular Activities

(a) Organized sports and athletic programs requiring significant time commitment or travel;
(b) Lessons and classes (music, art, dance, martial arts, etc.) that affect both Parents' parenting time; and
(c) Camps, programs, or activities requiring multi-day absences from the regular schedule.

4.1.5 Other Major Decisions

(a) Legal name changes;
(b) Obtaining a driver's license or learner's permit;
(c) Employment of a minor child;
(d) Consent to marriage of a minor child;
(e) Military enlistment; and
(f) Any decision likely to have a significant and long-lasting impact on the Children's welfare.

4.2 Emergency Decision-Making

In the event of a medical, dental, or psychological emergency, the Parent then caring for the Children may arrange immediate treatment needed to protect them, subject to applicable law and any existing order. The Parent arranging treatment shall:

(a) Notify the other Parent as soon as reasonably practicable, but in no event later than [____] hours after the emergency;
(b) Provide the other Parent with the name and location of the treating facility;
(c) Provide the other Parent with the nature of the emergency and treatment provided; and
(d) Cooperate in making the other Parent available for ongoing treatment decisions once the immediate emergency has been resolved.

4.3 Procedure When Parents Disagree

If the Parents are unable to reach agreement on a major decision after good-faith consultation:

(a) The Parents shall first attempt to resolve the disagreement through the dispute resolution procedures set forth in Section 22 of this Agreement;
(b) If mediation or other dispute resolution is unsuccessful, either Parent may file a Request for Order (Form FL-300) with the Court seeking a determination;
(c) The Court shall make its determination based on the best interests of the Children pursuant to Cal. Fam. Code § 3011; and
(d) Existing court orders remain controlling while the dispute is pending. A Parent may seek emergency relief when the statutory threshold is met.

4.4 Day-to-Day Decisions

Subject to any existing court order and the legal-custody selection above, each Parent may make routine, day-to-day decisions regarding the Children's care during that Parent's parenting time, including meals, bedtime, hygiene, homework supervision, and minor discipline. Day-to-day decisions shall be consistent with the major decisions agreed upon by the Parents and this Agreement.

4.5 Information Sharing

Both Parents shall keep the other Parent reasonably informed about the Children's activities, health, education, and welfare. Each Parent shall promptly share all relevant information, including but not limited to:

(a) School reports, report cards, and teacher communications;
(b) Medical and dental appointment summaries;
(c) Information about extracurricular activities and events;
(d) Behavioral concerns or significant developmental issues; and
(e) Any contact with law enforcement, child protective services, or other governmental agencies involving the Children.

SECTION 5: PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

5.1 Regular Parenting Time Schedule

Option A: Alternating Weeks (50/50)

☐ The Children shall reside with Parent A from [____________] at [____] a.m./p.m. to [____________] at [____] a.m./p.m. of the following week, and shall then reside with Parent B for the following week on the same schedule, alternating weekly thereafter.

Option B: 2-2-3 Rotating Schedule (50/50)

☐ Week 1:

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Parent A

Week 2:

• Monday and Tuesday: Parent B
• Wednesday and Thursday: Parent A
• Friday through Sunday: Parent B

(Alternating the weekend allocation each week so each Parent has the Children every other weekend.)

Option C: Primary Custody with Every-Other-Weekend and Midweek Visit

☐ The Children shall primarily reside with [Parent ____]. The other Parent shall have parenting time as follows:

• Every other weekend from Friday at [____] p.m. to Sunday at [____] p.m.
• Every [____________] from [____] p.m. to [____] p.m. (midweek visit)

Option D: Custom Schedule

☐ The Parents agree to the following custom parenting time schedule:

Monday: [________________________________]
Tuesday: [________________________________]
Wednesday: [________________________________]
Thursday: [________________________________]
Friday: [________________________________]
Saturday: [________________________________]
Sunday: [________________________________]

5.2 Schedule Variations by Child Age

☐ The following schedule modifications shall apply based on the Children's ages:

For children under age 3:
[________________________________]

For children ages 3-5:
[________________________________]

For children ages 6-12:
[________________________________]

For children ages 13-17:
[________________________________]

5.3 School Year vs. Summer Schedule

☐ The regular parenting time schedule in Section 5.1 applies year-round.

☐ The following summer schedule shall apply from [________________________________] to [________________________________] each year:
[________________________________]

5.4 Schedule Changes and Flexibility

(a) The Parents shall cooperate in making reasonable temporary modifications to the schedule as circumstances require, keeping the Children's best interests as the primary consideration.
(b) Requests for schedule changes shall be made in writing (text, email, or co-parenting application) with at least [____] hours' notice when practicable.
(c) A temporary modification shall not be deemed a permanent change to the schedule.
(d) Neither Parent shall unreasonably withhold consent to reasonable schedule modifications.

SECTION 6: HOLIDAY AND SPECIAL OCCASION SCHEDULE

6.1 Holiday Schedule

The following holiday schedule shall take priority over the regular parenting time schedule. Holidays shall alternate annually between the Parents unless otherwise specified.

6.2 Special Days (Non-Alternating)

The following special days shall be spent with the designated Parent each year, regardless of the regular schedule:

6.3 Children's Birthdays

☐ The Children's birthdays shall alternate between Parents each year.
☐ The Children shall spend their birthdays with the Parent who has them per the regular schedule, and the other Parent may have a separate celebration.
☐ The Children's birthdays shall be shared equally, with Parent A from [____] to [____] and Parent B from [____] to [____].
☐ Other arrangement: [________________________________]

6.4 Religious and Cultural Holidays

The following additional religious or cultural holidays shall be observed:

6.5 Priority of Schedules

In the event of a conflict, the priority of schedules shall be as follows:

1. Court-ordered modifications (highest priority)
2. Holiday and special occasion schedule (Section 6)
3. Vacation schedule (Section 7)
4. Regular parenting time schedule (Section 5)

SECTION 7: VACATION AND EXTENDED TIME

7.1 Vacation Time Allocation

Each Parent shall be entitled to [____] weeks (not necessarily consecutive) of vacation time with the Children each calendar year. Vacation time may be taken in increments of no fewer than [____] consecutive days.

7.2 Vacation Scheduling

(a) By [____________] of each year, each Parent shall submit to the other Parent their preferred vacation dates for the upcoming year.
(b) If vacation preferences conflict, Parent A shall have priority in even-numbered years and Parent B shall have priority in odd-numbered years.
(c) Vacation time shall not be scheduled during the other Parent's holiday time without written consent.
(d) At least [____] days' written notice must be provided before the start of any vacation period.

7.3 Vacation Information

The traveling Parent shall provide the other Parent with the following information at least [____] days before departure:

(a) Dates of travel;
(b) Destination(s) and address(es) where the Children will be staying;
(c) Mode of transportation;
(d) Contact telephone number(s) at the destination; and
(e) Itinerary for any multi-destination trips.

7.4 Communication During Vacations

During vacation periods, the non-traveling Parent shall have reasonable telephone or video communication with the Children at least [____] per [____], at mutually agreeable times. The traveling Parent shall ensure that the Children are available for such communication.

SECTION 8: TRANSPORTATION AND EXCHANGES

8.1 Exchange Location

Exchanges of the Children shall take place at (select one):

☐ The residence of the receiving Parent
☐ The residence of the delivering Parent
☐ A neutral location: [________________________________]
☐ The Children's school or daycare
☐ Other: [________________________________]

8.2 Transportation Responsibilities

☐ The Parent beginning their parenting time shall be responsible for transportation to pick up the Children.
☐ The Parent ending their parenting time shall be responsible for transporting the Children to the other Parent.
☐ Parent A shall be responsible for all transportation.
☐ Parent B shall be responsible for all transportation.
☐ Transportation shall be shared as follows: [________________________________]

8.3 Exchange Conduct

(a) Both Parents shall ensure that the Children are ready for exchange at the agreed-upon time.
(b) The Children shall be sent with appropriate clothing, medications, and personal items for the duration of the other Parent's parenting time.
(c) Both Parents shall maintain a courteous and respectful demeanor during exchanges. Neither Parent shall engage in conflict, argument, or negative commentary during exchanges.
(d) If a Parent is unable to make the scheduled exchange, that Parent shall provide notice to the other Parent at least [____] hours in advance.

8.4 Late Arrivals and Missed Exchanges

(a) If a Parent will be more than [____] minutes late for an exchange, that Parent shall notify the other Parent immediately.
(b) If a Parent fails to appear for a scheduled exchange within [____] minutes of the scheduled time without notice, the waiting Parent shall not be required to wait further. The missed parenting time shall not automatically be made up.
(c) Either Parent may bring a pattern of late arrivals or missed exchanges to the Court's attention; no schedule change is automatic.

8.5 Third-Party Exchanges

If circumstances require that a third party conduct an exchange on behalf of a Parent, that third party must be a responsible adult approved by both Parents. The designating Parent shall provide advance notice of the identity of the third party.

8.6 Supervised Exchanges

☐ Not applicable.
☐ Exchanges shall be supervised by [________________________________] due to the following circumstances: [________________________________]

SECTION 9: RIGHT OF FIRST REFUSAL

9.1 Applicability

☐ The right of first refusal below applies. ☐ It does not apply; skip Sections 9.2–9.3.

If either Parent is unable to personally care for the Children during their scheduled parenting time for a continuous period exceeding [____] hours, that Parent shall first offer the other Parent the opportunity to care for the Children before making alternative childcare arrangements.

9.2 Procedure

(a) The requesting Parent shall provide notice to the other Parent by telephone, text message, or email as soon as the need for childcare becomes known.
(b) The other Parent shall respond within [____] hours of receiving the request.
(c) If the other Parent accepts, the Parents shall agree upon arrangements for pick-up and return of the Children.
(d) If the other Parent declines or does not respond within the specified time, the requesting Parent may arrange alternative childcare.

9.3 Exceptions

The right of first refusal shall not apply to:
(a) Time spent in school, daycare, or regularly scheduled after-school programs;
(b) Time spent with grandparents or family members for periods under [____] hours;
(c) Pre-planned playdates, birthday parties, or social activities; and
(d) Emergency situations requiring immediate alternative childcare.

SECTION 10: COMMUNICATION PROVISIONS

10.1 Parent-to-Parent Communication

(a) The Parents shall communicate regarding the Children in a respectful, business-like manner.
(b) The primary method of communication between Parents regarding the Children shall be (select all that apply):

☐ Co-parenting application (specify: [________________________________])
☐ Email
☐ Text message
☐ Telephone
☐ Written correspondence

(c) Neither Parent shall use the Children as messengers or intermediaries for communications between the Parents.

10.2 Parent-to-Child Communication

(a) Each Parent shall ensure that the Children may have reasonable telephone and/or video communication with the other Parent during that Parent's parenting time.
(b) Telephone and video calls shall be permitted at the following times: [________________________________]
(c) Calls shall be of reasonable duration, generally not to exceed [____] minutes, and shall not be monitored, recorded, or eavesdropped upon by the custodial Parent.
(d) Each Parent shall ensure that the Children have access to a telephone or device for communication with the other Parent.

10.3 Electronic Communication and Social Media

(a) Neither Parent shall post photographs, videos, or personal information about the Children on social media without the prior consent of the other Parent, except for routine family photographs shared with private audiences.
(b) Neither Parent shall create social media accounts for the Children without the other Parent's consent.
(c) The Parents shall jointly establish and agree upon appropriate screen time, social media, and internet usage guidelines for the Children.
(d) Neither Parent shall access the other Parent's private digital accounts without authorization.

10.4 Non-Disparagement

(a) Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household members in the presence of or within hearing distance of the Children.
(b) Neither Parent shall encourage or permit others to make such remarks in the Children's presence.
(c) Neither Parent shall question the Children about the other Parent's personal life, finances, or activities for purposes unrelated to the Children's welfare.
(d) Neither Parent shall discuss the details of the legal proceedings or financial disputes with the Children.

SECTION 11: RELOCATION AND MOVE-AWAY PROVISIONS

11.1 Notice of Proposed Relocation

The Parents agree to request that the resulting custody order include a notice term under California Family Code Section 3024 for a proposed change in a child's residence lasting more than 30 days, unless they have a prior written agreement to the removal. Notice shall be sent before the move by mail, return receipt requested, postage prepaid, to the other Parent's last known address, with a copy sent to that Parent's counsel of record. To the extent feasible, notice shall be sent at least forty-five (45) days before the move. The Parents also agree that the notice will include:

(a) The proposed new address;
(b) The proposed date of the move;
(c) The reasons for the proposed move;
(d) A proposed revised parenting time schedule that preserves the other Parent's relationship with the Children to the greatest extent feasible; and
(e) A statement that the other Parent may request mediation or file a Request for Order if the proposed move is disputed.

11.2 Additional Agreed Relocation Notice

In addition to any notice term the Court adopts under § 3024, the Parents may agree to request notice for a move that would:

☐ Move the Children more than [____] miles from their current primary residence;
☐ Move the Children outside of [________________________________] County;
☐ Move the Children outside the State of California; or
☐ Otherwise substantially impair the other Parent's ability to exercise their parenting time.

Additional agreed notice period: [____] days before the move, when feasible. Method: [________________________________]. This is a proposed agreed term, not a statewide statutory deadline.

11.3 Procedure Upon Objection to Relocation

(a) If the non-relocating Parent objects to the proposed relocation, the Parents may use the safe, permitted mediation procedures in Section 22; either Parent may seek Court direction where needed.
(b) If mediation is unsuccessful, either Parent may file a Request for Order with the Court.
(c) The Court will apply the standard appropriate to the existing custody arrangement and whether there is a permanent order. The Parents ask the Court to consider the Children's welfare, including:

• The Children's interest in stability and continuity in the custodial arrangement;
• The distance of the proposed move;
• The Children's ages and needs;
• The Children's relationships with both Parents;
• The relationship between the Parents, including the ability to cooperate;
• The wishes of the Children, if of sufficient age and capacity;
• The reasons for the proposed move; and
• The extent to which the Parents currently are sharing custody.

Family Code § 7501 recognizes a parent's right to change a child's residence when entitled to custody, subject to the Court's power to restrain a removal prejudicing the child's rights or welfare. This Agreement does not decide a future move-away dispute in advance.

11.4 Temporary Orders Pending Relocation Determination

Until any new order is made, the Parents shall comply with the existing custody and parenting-time order. A Parent proposing a move that would conflict with that order shall seek an agreement or court direction before moving the Children.

SECTION 12: DOMESTIC VIOLENCE PROVISIONS

12.1 Domestic Violence Disclosures

☐ Neither Parent has been found by a court to have perpetrated domestic violence within the past five (5) years against a person listed in Fam. Code § 3044(a).

☐ The following domestic violence findings, convictions, or restraining orders exist and have been considered in the formulation of this Agreement:
[________________________________]

12.2 Statutory Presumption (Cal. Fam. Code § 3044)

The Parents acknowledge that under California Family Code Section 3044, if a court finds that a party seeking custody perpetrated domestic violence within the previous five years against another party seeking custody, the child, the child's siblings, or another person specified in Section 3044(a), a rebuttable presumption applies against awarding sole or joint physical or legal custody to the perpetrator. Rebuttal requires a preponderance of the evidence and the court findings specified in Section 3044(b) and (f).

12.3 Firearm Restrictions (Effective January 1, 2026)

For the Section 3044 presumption, the Court must consider the firearm or ammunition violation finding described in Section 3044(b)(2)(G). Separately, Section 3064(b)(2) requires the Court to consider illegal access to firearms or ammunition when deciding whether immediate harm supports an emergency custody order. These are court findings; a private checkbox does not establish them.

12.4 Supervised Visitation

☐ The parties do not request supervised visitation, subject to any protective order and the Court's decision under Fam. Code § 3100.

☐ The following supervised visitation provisions apply:

Supervised Parent: [________________________________]
Supervisor (professional or approved individual): [________________________________]
Location of supervised visits: [________________________________]
Duration of supervised visits: [________________________________]
Frequency of supervised visits: [________________________________]
Conditions for transition to unsupervised visitation: [________________________________]

12.5 Protective Measures

If applicable, the following additional protective measures are incorporated into this Agreement:

☐ No-contact provisions except for purposes of exchanging the Children
☐ Communication only through a co-parenting application
☐ Exchanges conducted through a third party or at a supervised exchange facility
☐ Prohibition on alcohol or substance use during parenting time and [____] hours before
☐ Completion of a batterer's treatment program meeting Cal. Fam. Code § 3044(b)(2)(A), if applicable
☐ Completion of substance abuse treatment
☐ Completion of parenting classes
☐ Other: [________________________________]

SECTION 13: CHILD'S PREFERENCE

13.1 Acknowledgment

The Parents acknowledge that under California Family Code Section 3042:

(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the Court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation;

(b) If a child is 14 years of age or older and wishes to address the Court regarding custody or visitation, the child shall be permitted to do so, unless the Court determines that doing so is not in the child's best interest and states its reasons on the record (§ 3042(c)); and

(c) This provision does not require any child to express a preference or provide input regarding custody or visitation.

13.2 Current Preferences

☐ No child subject to this Agreement is of sufficient age to express a meaningful preference, or no child has expressed a preference at this time.

☐ The following child(ren) have expressed preferences that have been considered in formulating this Agreement:
[________________________________]

13.3 Future Modification Based on Preference

The Parents acknowledge that as the Children mature, their preferences may change and may serve as a basis for modification of this Agreement, subject to the best interests standard and the modification procedures in Section 23.

SECTION 14: ACCESS TO RECORDS

14.1 Equal Access (Cal. Fam. Code § 3025)

Pursuant to California Family Code Section 3025, access to records and information pertaining to the Children, including medical, dental, and school records, shall not be denied solely because a Parent is not the custodial Parent. Subject to existing orders, confidentiality rules, and other applicable law, both Parents agree to share access to the following records:

(a) School records, including enrollment information, report cards, attendance records, teacher evaluations, school photographs, and notices of school events and activities;
(b) Medical records, including records of examinations, diagnoses, treatments, and prescriptions;
(c) Dental records;
(d) Mental health and counseling records, to the extent permitted by law;
(e) Records of extracurricular activities;
(f) Records of childcare providers; and
(g) Law enforcement and juvenile records, to the extent permitted by law.

14.2 Obligation to Facilitate Access

Each Parent shall:

(a) Sign any authorizations or releases necessary to ensure the other Parent has access to the Children's records;
(b) Promptly provide the other Parent with copies of any records received;
(c) Notify schools, healthcare providers, and other institutions of both Parents' contact information and right to access records;
(d) Include both Parents on all emergency contact lists, school contact lists, and provider notification lists; and
(e) Not instruct any third party to withhold records or information from the other Parent.

SECTION 15: CHILD SUPPORT CROSS-REFERENCE

15.1 Separate Child Support Order

The Parents acknowledge that child support is addressed separately and that California Family Code Section 4055 supplies the statewide uniform guideline formula. This parenting plan does not set or modify a child support amount.

15.2 Relationship to Custody

(a) Child support obligations are addressed in a separate child support order or stipulation and are not a condition of this custody and parenting plan.
(b) Neither Parent shall deny the other Parent's parenting time or access to the Children based on a dispute regarding child support.
(c) Neither Parent shall withhold child support payments based on a dispute regarding custody or parenting time.

15.3 Referenced Child Support Order

Separate tax allocation order or agreement, if any (court, case, date, tax year): [________________________________]

☐ A separate child support order has been or will be entered in this matter (Case No.: [________________________________]).
☐ The Parents have entered or will enter into a separate child support stipulation.
☐ Child support is to be determined.

SECTION 16: HEALTH INSURANCE AND MEDICAL PROVISIONS

16.1 Health Insurance

(a) [Parent ____] shall maintain health insurance coverage for the Children through their employer or a private plan.
(b) [Parent ____] shall maintain dental insurance coverage for the Children.
(c) [Parent ____] shall maintain vision insurance coverage for the Children.

16.2 Uninsured Medical Expenses

Uninsured or unreimbursed medical, dental, vision, orthodontic, mental health, and prescription expenses for the Children shall be shared as follows:

Any existing child support order controls. If the Court orders these expenses as additional support, Fam. Code §§ 4061 and 4063 govern allocation and payment; the following selection is the Parents' requested allocation, subject to Court approval:

☐ Equally (50/50) between the Parents
☐ In proportion to the Parents' respective incomes
☐ Other: [________________________________]

16.3 Procedure for Sharing Medical Expenses

(a) The Parent who incurs or pays an uninsured medical expense shall provide the other Parent with documentation (bills, receipts, insurance Explanation of Benefits) within [____] days, consistent with any order and Fam. Code § 4063.
(b) The other Parent shall reimburse their court-ordered share within [____] days of notification, consistent with any period in the order and Fam. Code § 4063.

16.4 Medical Emergency Information

Each Parent shall maintain and provide to the other Parent a current list of:

(a) The Children's physicians, dentists, and specialists;
(b) The Children's allergies and medications;
(c) The Children's health insurance policy numbers and identification cards; and
(d) Emergency contact information.

SECTION 17: EDUCATION PROVISIONS

17.1 School Selection and Enrollment

(a) The Children shall be enrolled in the following school(s): [________________________________]
(b) Any change in school enrollment shall require the agreement of both Parents (if joint legal custody) or the decision of the custodial Parent (if sole legal custody), subject to the dispute resolution provisions of this Agreement.

17.2 School Activities and Events

(a) Subject to existing orders, school rules, and applicable law, both Parents may attend and participate in school activities, events, conferences, and performances.
(b) Each Parent shall promptly share information regarding school events, activities, and scheduling with the other Parent.
(c) Both Parents shall cooperate in supporting the Children's educational needs, including homework completion, attendance at school events, and communication with teachers and school administrators.

17.3 Special Education Needs

If any child requires special education services, an Individualized Education Program (IEP), a 504 Plan, or other accommodations, both Parents shall cooperate in identifying the child's needs, participating in school meetings, and implementing any recommended services.

SECTION 18: EXTRACURRICULAR ACTIVITIES

18.1 Enrollment in Activities

(a) The Parents shall jointly select extracurricular activities for the Children (if joint legal custody), with consideration given to the Children's interests, abilities, and the impact on both Parents' parenting time.
(b) Neither Parent shall unilaterally enroll the Children in activities that substantially interfere with the other Parent's parenting time without prior written consent or Court order.

18.2 Costs of Activities

The costs of agreed-upon extracurricular activities, including registration fees, equipment, uniforms, and travel, shall be shared as follows:

☐ Equally (50/50) between the Parents
☐ In proportion to the Parents' respective incomes
☐ Other: [________________________________]

18.3 Participation During Parenting Time

Both Parents shall ensure the Children attend and participate in their agreed-upon extracurricular activities during both Parents' parenting time, including practices, games, rehearsals, lessons, and events.

SECTION 19: TRAVEL AND PASSPORT PROVISIONS

19.1 Domestic Travel

Each Parent may travel domestically with the Children during their parenting time. For trips exceeding [____] days, the traveling Parent shall provide the other Parent with itinerary information, including destination, accommodations, and contact information, at least [____] days in advance.

19.2 International Travel

(a) Neither Parent shall travel internationally with the Children without the written consent of the other Parent or a Court order.
(b) The consenting Parent shall sign all necessary passport applications and travel documents.
(c) The traveling Parent shall provide the other Parent with a complete itinerary, including flight information, accommodations, and emergency contact information, at least [____] days before departure.
(d) The traveling Parent shall ensure the Children have access to communication with the other Parent during international travel.

19.3 Passport Provisions

(a) The Children's passports shall be held by [________________________________] or maintained in a jointly accessible location.
(b) Each Parent shall cooperate in obtaining and renewing passports for the Children.
(c) Neither Parent shall take the Children's passports without the other Parent's written consent, except for authorized travel.

19.4 Abduction Prevention (Cal. Fam. Code § 3048)

☐ Not applicable.
☐ Due to identified abduction risk factors, the following prevention measures shall apply:
[________________________________]

SECTION 20: SUBSTANCE USE AND SAFETY PROVISIONS

20.1 Substance Use Restrictions

(a) Neither Parent shall use illegal controlled substances at any time, whether or not the Children are present.
(b) Neither Parent shall consume alcohol to the point of impairment during parenting time or within [____] hours before the start of parenting time.
(c) Neither Parent shall abuse prescription medications during parenting time.
(d) Neither Parent shall permit the Children to be in the care of any person who is under the influence of alcohol or controlled substances.

20.2 Tobacco and Vaping

☐ Neither Parent shall smoke or vape in the presence of the Children or in any enclosed space (vehicle, home) where the Children will be present.

20.3 Firearm Safety

To reduce the risk of child access addressed by California Penal Code Section 25100, the Parents separately agree that:

(a) All firearms in any residence where the Children will be present shall be stored unloaded in a locked container or equipped with a locking device, with ammunition stored separately;
(b) The Children shall not have unsupervised access to any firearm; and
(c) Each Parent shall notify the other Parent if any firearm is kept in the residence where the Children will be staying.

20.4 Vehicle Safety

(a) Each Parent shall maintain automobile insurance meeting or exceeding California minimum requirements on any vehicle used to transport the Children.
(b) Each Parent shall ensure that appropriate child safety seats and restraints are used in compliance with California Vehicle Code Section 27360 and other applicable child-passenger rules.
(c) Neither Parent shall operate a motor vehicle while transporting the Children if impaired by alcohol, drugs, or fatigue.

20.5 Testing

☐ Not applicable.
☐ The following substance testing provisions apply: [________________________________]

SECTION 21: NEW PARTNERS AND HOUSEHOLD MEMBERS

21.1 Notification of New Household Members

Each Parent shall notify the other Parent in writing before any new adult (romantic partner, roommate, or other individual) moves into the residence where the Children reside or regularly visit.

21.2 Overnight Guests

The Parents agree to the following provisions regarding overnight guests when the Children are present:

☐ No restrictions beyond reasonable judgment in the Children's best interests.
☐ No overnight guests of a romantic nature until the relationship has lasted [____] months.
☐ No overnight guests of a romantic nature until the other Parent has been notified.
☐ Other: [________________________________]

21.3 Background Concerns

Each Parent agrees not to knowingly leave the Children in the care of a person whose conduct presents a documented risk to their safety, and to comply with any specific safety restriction in an existing Court order.

SECTION 22: DISPUTE RESOLUTION AND MEDIATION

22.1 Mandatory Mediation (Cal. Fam. Code § 3170)

The Parents acknowledge that California Family Code Section 3170 requires the Court to set contested custody or visitation issues for mediation when the pleading shows a contest. Domestic violence cases follow a separate Family Court Services protocol. The following agreed steps are subject to any protective order and the safety provisions of Section 3181.

22.2 Step 1: Good-Faith Discussion

If safe and permitted by any protective order, the Parents shall first attempt to resolve a dispute regarding this Agreement through direct, good-faith discussion. Otherwise, either Parent may use an authorized court process without direct contact.

22.3 Step 2: Private Mediation

If the Parents are unable to resolve a dispute through direct discussion within [____] days, they may use private mediation with a qualified family law mediator if both can participate safely and any protective order permits it. This private process does not replace required court mediation. For court mediation involving a qualifying domestic violence history or protective order, a protected party or a party alleging domestic violence in a written declaration under penalty of perjury may request separate sessions under Fam. Code § 3181. The costs of any agreed private mediation shall be shared:

☐ Equally between the Parents
☐ In proportion to the Parents' respective incomes
☐ Other: [________________________________]

The designated mediator (or method of selecting a mediator) shall be:
[________________________________]

22.4 Step 3: Court Intervention

If mediation is unsuccessful, either Parent may file appropriate pleadings with the Court. The Parents agree to participate in any court-ordered mediation through Family Court Services prior to a hearing.

22.5 Emergency Exceptions

Nothing in this Section prevents either Parent from seeking emergency custody relief under California Family Code Section 3064 upon a showing of immediate harm to a child or an immediate risk the child will be removed from California. A parent need not complete the private dispute steps above before asking the Court for such relief.

22.6 Attorney Fees in Disputes

The Court may award attorney fees and costs as a sanction under California Family Code Section 271 for conduct that frustrates settlement or cooperation. An award requires notice and an opportunity to be heard, and the Court must consider the parties' financial circumstances; no fee award is automatic under this Agreement.

SECTION 23: MODIFICATION STANDARDS

23.1 Basis for Modification

(a) This Agreement may be modified by mutual written agreement of the Parents, subject to Court approval.
(b) Either Parent may petition the Court for modification of a custody order. The Court will apply the standard appropriate to the existing order, including whether it is a final custody determination, and the Children's best interests. The Parents do not agree that one change-of-circumstances test governs every request.

23.2 Expedited Modification

When the Section 3064 emergency threshold is met, either Parent may seek emergency custody relief without completing the private dispute steps in Section 22. Other modification requests follow applicable Court procedures.

23.3 Age-Appropriate Modifications

The Parents recognize that as the Children grow and develop, modifications to the parenting plan may be necessary and appropriate. The Parents agree to periodically review this Agreement and to consider modifications that reflect the Children's changing developmental needs, school schedules, social activities, and expressed preferences.

23.4 Stipulated Modifications

The Parents may stipulate to modifications of this Agreement by executing a written modification signed by both Parents and filing it with the Court for approval. No modification shall be effective until approved by the Court.

SECTION 24: UCCJEA JURISDICTION

24.1 Home State Jurisdiction

☐ The Parents affirm, after checking the dates below, that California is the Children's "home state" under Family Code Section 3402(g): each child lived in California with a parent or person acting as a parent for at least six consecutive months immediately before this proceeding began, including any temporary absence; for a child under six months, California has been the child's home from birth with such a person.

Proceeding commenced: [__/__/____] Child's California residence and temporary absences: [________________________________]

☐ California is not the home state under that definition; the jurisdictional basis, if any, must be stated in the proposed order: [________________________________]

24.2 Exclusive Continuing Jurisdiction

If a California court has already made a custody determination meeting the jurisdictional predicate in Fam. Code § 3422(a), it has exclusive continuing jurisdiction under that section, subject to its stated exception, until:

(a) A California court determines that neither a child, nor the child with one Parent, nor the child with a person acting as a parent has a significant connection with California and that substantial evidence about the child's care, protection, training, and personal relationships is no longer available there; or
(b) The Court or a court of another state determines that the Children, the Children's parents, and any person acting as a parent do not presently reside in California.

24.3 Interstate Cooperation

If either Parent relocates to another state, the Parents shall cooperate in good faith regarding jurisdictional issues and obtain a court determination when jurisdiction is disputed.

SECTION 25: GENERAL PROVISIONS

25.1 Entire Agreement

This Agreement records the Parents' proposed custody and parenting terms. Existing court orders, protective orders, and rights of the Children control until the Court enters a new order.

25.2 Severability

If the Court declines a proposed term, the Parents request review of the remaining terms under the Children's best interests rather than automatic enforcement of the balance.

25.3 Waiver

The failure of either Parent to enforce any provision of this Agreement shall not constitute a waiver of that Parent's right to enforce that provision or any other provision in the future.

25.4 Notices

Except where an existing order or law requires a particular method, written notices under this Agreement may be provided by personal delivery, U.S. mail, email (to the addresses set forth in Section 1.1), or the designated co-parenting application. The specific return-receipt-mail method in Section 11.1 controls a notice required under a Court-adopted § 3024 term.

25.5 Governing Law

California law governs these proposed terms to the extent a California court has jurisdiction. This choice of law does not establish custody jurisdiction.

25.6 Court Approval Required

This Agreement shall be submitted to the Superior Court of California, County of [________________________________], for approval and shall be incorporated into a stipulated order or judgment. This Agreement is not fully enforceable as a court order until approved by the Court.

25.7 Counterparts and Electronic Signatures

The Parents may sign counterparts. Electronic or facsimile signatures may be used only to the extent accepted for the proposed filing and by the Court.

25.8 Amendment

The Parents will submit any lasting agreed change to an existing custody order for Court approval. Informal schedule accommodations do not themselves replace a Court order.

25.9 Cooperation

The Parents shall cooperate in good faith to carry out the terms of this Agreement and to promote the Children's best interests. Each Parent shall execute any documents or take any actions reasonably necessary to effectuate the provisions of this Agreement.

25.10 No Inherited Custody Rights

The Parents do not intend this Agreement to confer custody or parenting rights on either Parent's heir, executor, or representative.

SECTION 26: EXECUTION AND COURT APPROVAL

26.1 Signatures of the Parents

The Parents have read this Agreement in its entirety, understand its terms, and voluntarily agree to be bound by its provisions.

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

26.2 Acknowledgment of Legal Counsel

Parent A's Attorney (if applicable):
Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

Parent B's Attorney (if applicable):
Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

26.3 Self-Represented Party Declaration

☐ I, [________________________________], am not represented by an attorney in this matter. I have been advised to consult with a licensed California attorney before signing this Agreement. I understand the terms and provisions of this Agreement and voluntarily agree to be bound by them.

Signature: [________________________________]
Date: [__/__/____]

26.4 Court Approval

Before presenting this proposed order, identify the Court's jurisdictional basis, how each party received notice and an opportunity to be heard, the Children's country of habitual residence, and each party's precise custody and visitation rights (Fam. Code § 3048(a)). A violation of an entered custody order may subject a party to civil or criminal penalties. Current Judicial Council Form FL-355 may be used with an attached agreement when its stated home-state and habitual-residence facts are true; the form says allegations or findings of abuse require a hearing before the judge may enter an order based on a stipulation.

Jurisdictional basis: [________________________________]

Notice and opportunity to be heard: [________________________________]

Country of habitual residence: [________________________________]

Custody and visitation rights and exchanges: Sections 3, 5–8, and [________________________________], as approved by the Court. If abuse allegations arise, complete the exact time, day, place, and manner of each transfer in Sections 5 and 8 before requesting a stipulated order (Fam. Code § 3011(a)(5)(B)).

Optional official filing attachments (check only those actually attached): ☐ FL-355 with this agreement ☐ FL-341 ☐ FL-341(A) ☐ FL-341(B) ☐ FL-341(C) ☐ FL-341(D) ☐ FL-341(E). Current FL-355 permits an attached dated agreement or selected FL-341 series forms; complete the form's own declarations and court findings if it is used.

ORDER OF THE COURT

Required safety findings and hearing record, if abuse or substance-use allegations are present (Fam. Code §§ 3011(a)(5), 3044; FL-355): [________________________________]

The Court, having reviewed the foregoing Child Custody and Parenting Plan Agreement, and finding that the terms are in the best interests of the minor child(ren), hereby:

☐ APPROVES and ORDERS the Agreement as written.
☐ APPROVES and ORDERS the Agreement with the following modifications:
[________________________________]
☐ DENIES the Agreement for the following reasons:
[________________________________]

IT IS SO ORDERED.

Date: [__/__/____]

_______________________________________________
Judge of the Superior Court
County of [________________________________], California

SOURCES AND REFERENCES

• California Family Code § 3002 — Joint Custody Defined
• California Family Code § 3003 — Joint Legal Custody Defined
• California Family Code § 3004 — Joint Physical Custody Defined
• California Family Code § 3006 — Sole Legal Custody Defined
• California Family Code § 3011 — Best Interests of the Child
• California Family Code § 3020 — Legislative Findings — Frequent and Continuing Contact
• California Family Code § 3025 — Access to Records
• California Family Code § 3040.5 — Human Trafficking Evidence
• California Family Code § 3042 — Child's Preference
• California Family Code § 3044 — Domestic Violence Presumption
• California Family Code § 3048 — Abduction Prevention
• California Family Code § 3080 — Joint Custody Agreement Presumption
• California Family Code § 3064 — Ex Parte Custody Orders
• California Family Code § 3100 — Visitation Rights
• California Family Code § 3170 — Mandatory Mediation
• California Family Code § 3181 — Separate Mediation Sessions
• California Family Code § 3402 — UCCJEA Home-State Definition
• California Family Code § 3422 — Continuing Jurisdiction
• California Family Code § 4055 — Child Support Formula
• California Family Code § 4061 — Add-On Allocation
• California Family Code § 4063 — Add-On Payment Procedure
• California Family Code § 7501 — Right to Change Residence
• California Family Code § 271 — Attorney Fees and Sanctions
• California Penal Code § 25100 — Firearm Storage
• California Vehicle Code § 27360 — Child Passenger Restraints
• Judicial Council Form FL-355 — Stipulation and Order for Custody and/or Visitation
• Judicial Council Form FL-300 — Request for Order

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.