California Custody Modification Agreement

CALIFORNIA CUSTODY MODIFICATION AGREEMENT

Stipulation and Order for Modification of Custody and/or Visitation (Parenting Time)

IMPORTANT: CALIFORNIA PROCEDURE OVERVIEW

This document is a stipulated agreement between the parties to modify an existing custody order. The parties may use Judicial Council Form FL-355 as the cover sheet to submit their signed agreement and proposed custody attachments for court approval. If the parties cannot agree and a final judicial custody determination is already in place, the moving party generally must file a Request for Order (Judicial Council Form FL-300) and demonstrate a significant change of circumstances under the framework established in Montenegro v. Diaz (2001) 26 Cal.4th 249.

Mandatory Mediation: Pursuant to Cal. Fam. Code section 3170, if a petition, application, or other pleading seeks a custody or visitation order and the issue is contested, the court shall set the contested issues for mediation through Family Court Services (FCS). A written or in-court stipulation is required before a mediated agreement may be incorporated into an order. (Cal. Fam. Code § 3186.) Local court rules and procedures may also apply.

1. CASE AND COURT INFORMATION

Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Department: [________________________________]

Judicial Officer: [________________________________]

1.1 Parties

Petitioner / Parent A:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California State Bar Attorney (if represented): [________________________________]

Respondent / Parent B:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California State Bar Attorney (if represented): [________________________________]

1.2 Minor Child(ren) Subject to This Modification

(Each individually a "Child" and collectively the "Children.")

1.3 Existing Order(s) Being Modified

This Stipulation modifies the following existing custody and/or visitation order(s):

☐ Judgment of Dissolution entered [__/__/____]
☐ Stipulation and Order filed [__/__/____]
☐ Court Order After Hearing filed [__/__/____]
☐ Judgment of Paternity/Parentage entered [__/__/____]
☐ Other: [________________________________]

Current Custody Arrangement Under Existing Order:

Legal Custody: ☐ Joint Legal Custody ☐ Sole Legal Custody to [________________________________]
Physical Custody: ☐ Joint Physical Custody ☐ Primary to [________________________________] ☐ Sole to [________________________________]

Current Parenting Time Schedule (summarize):
[________________________________]
[________________________________]
[________________________________]

2. CALIFORNIA LEGAL STANDARDS FOR MODIFICATION

2.1 Changed Circumstances Requirement

Under the framework established by the California Supreme Court in Montenegro v. Diaz (2001) 26 Cal.4th 249, modification of a final judicial custody determination generally requires the following. Cal. Fam. Code section 3087 separately provides that a joint custody order may be modified or terminated when the child's best interest requires it.

Step 1 — Threshold Showing: The moving party must demonstrate a significant change of circumstances since the last custody order was entered.

Step 2 — Best Interests Analysis: Only after the changed-circumstances threshold is met will the court conduct a fresh analysis of the Children's best interests under Cal. Fam. Code section 3011.

Note: A stipulated custody order is treated as a final judicial custody determination for this purpose only when there is a clear, affirmative indication that the parties intended it to be final. Otherwise, the court may apply the best-interest standard without the changed-circumstances threshold. (Montenegro v. Diaz, supra, 26 Cal.4th at pp. 258–259.)

2.2 Stipulated Modification

Where both Parents agree to a modification, as in this Stipulation, they may submit a written stipulation for court approval. The proposed order must serve the Children's best interests. (Cal. Fam. Code §§ 3080, 3087, 3186.) If there are allegations or findings of abuse, Form FL-355 warns that the judge may not enter an order based on the stipulation until a hearing is held.

2.3 Best Interests Factors (Cal. Fam. Code § 3011)

The Parents acknowledge that the court will evaluate the proposed modification under the best-interest factors of Cal. Fam. Code section 3011, including:

(a) The health, safety, and welfare of the Children;
(b) Any qualifying history of abuse against a related child or child with a caretaking relationship, the other Parent, or specified family, household, dating, or engagement relationships;
(c) The nature and amount of contact with both Parents; and
(d) The habitual or continual illegal use of controlled substances, abuse of alcohol, or abuse of prescribed controlled substances by either Parent.

When abuse or substance-use allegations are raised and the court nevertheless orders sole or joint custody or unsupervised visitation to that Parent, section 3011(a)(5) requires reasons on the record or in writing and a specific transfer order. The court may not consider a Parent's sex, gender identity, gender expression, or sexual orientation. (Cal. Fam. Code § 3011(b).)

3. CHANGED CIRCUMSTANCES SUPPORTING THIS MODIFICATION

The Parents stipulate that the following significant change(s) in circumstances have occurred since the existing custody order was entered, warranting modification:

☐ Relocation: [________________________________] is relocating to [________________________________] for the following reason: [________________________________]

☐ Change in Work Schedule: [________________________________]'s work schedule has changed as follows: [________________________________]

☐ Child's Developmental Needs: The Children's needs have changed due to: [________________________________]

☐ Child's Preference: A Child who is 14 years of age or older has expressed a preference regarding custody. (See Cal. Fam. Code § 3042; Section 5 below.)

☐ Safety Concerns Resolved: Previously existing safety concerns (domestic violence, substance abuse, etc.) have been resolved through: [________________________________]

☐ Safety Concerns Arising: New safety concerns have arisen, including: [________________________________]

☐ Educational Changes: [________________________________]

☐ Parent's Health or Capacity: [________________________________]

☐ Other Changed Circumstances: [________________________________]

4. STIPULATED MODIFICATIONS TO CUSTODY

4.1 Modification of Legal Custody

☐ No Change — Legal custody remains as stated in the existing order.

☐ Modified to Joint Legal Custody — Both Parents shall share the right and responsibility to make decisions relating to the health, education, and welfare of the Children. (Cal. Fam. Code § 3003.) Major decisions shall require good-faith consultation pursuant to Cal. Fam. Code section 3083.

☐ Modified to Sole Legal Custody to [________________________________] — [________________________________] shall have the exclusive right and responsibility to make decisions relating to the health, education, and welfare of the Children. (Cal. Fam. Code § 3006.)

If Joint Legal Custody, specify decision-making allocation per Cal. Fam. Code § 3083:

The court must specify the circumstances under which both Parents' consent is required. The Parents agree as follows:

4.2 Modification of Physical Custody

☐ No Change — Physical custody remains as stated in the existing order.

☐ Modified to Joint Physical Custody — Each Parent shall have significant periods of physical custody per Cal. Fam. Code section 3004. The schedule is set forth in Section 4.3 below.

☐ Modified to Primary Physical Custody to [________________________________] — [________________________________] shall be the primary custodial parent. The other Parent shall have parenting time as set forth in Section 4.3. The Children's primary residence for school enrollment shall be: [________________________________].

☐ Modified to Sole Physical Custody to [________________________________] — [________________________________] shall have sole physical custody per Cal. Fam. Code section 3007. Visitation is set forth in Section 4.3.

4.3 Modified Parenting Time Schedule

Effective Date of New Schedule: [__/__/____]

New Regular Schedule (School Year):

☐ Option A: Alternating Weeks
Parent A: Seven (7) consecutive days from [________________________________] at [____] AM/PM
Parent B: The following seven (7) consecutive days on the same schedule
Exchanges at: ☐ School ☐ [________________________________]

☐ Option B: 2-2-3 Rotating Schedule
Monday-Tuesday: Parent [____]
Wednesday-Thursday: Parent [____]
Friday-Sunday: Alternating (Parent A Week 1; Parent B Week 2)

☐ Option C: Alternating Weekends Plus Midweek
Primary Parent: [________________________________] — Weekdays and alternate weekends
Other Parent: Alternating weekends Friday [____] PM to Monday school drop-off, plus midweek [________________________________] from [____] PM to [____] AM/PM
☐ With overnight ☐ Dinner visit only

☐ Option D: Every Other Weekend (Standard Visitation)
Primary Parent: [________________________________]
Other Parent: Alternating weekends Friday [____] PM to Sunday [____] PM
☐ Plus midweek dinner visit [________________________________] from [____] PM to [____] PM

☐ Option E: Custom Schedule
Parent A's parenting time: [________________________________]
Parent B's parenting time: [________________________________]

4.4 Modification of Holiday and School Break Schedule

☐ No Change — Holiday schedule remains as stated in the existing order.

☐ Modified Holiday Schedule:

Holiday and school break schedules shall supersede the regular parenting time schedule. Use Judicial Council Form FL-341(C) (Children's Holiday Schedule Attachment) as needed.

4.5 Modification of Summer/Vacation Schedule

☐ No Change — Summer schedule remains as in the existing order.

☐ Modified Summer Schedule:
Each Parent shall have [____] weeks of uninterrupted vacation time during summer break.
Notice of vacation dates shall be provided in writing by [________________________________] (date) each year.
Parent A's vacation time has priority in ☐ even / ☐ odd years.

4.6 Modification of Exchange Arrangements

☐ No Change

☐ Modified Exchange Location: [________________________________]
☐ Modified Transportation: [________________________________]
☐ Curbside exchange — Neither Parent shall exit the vehicle or enter the other Parent's home
☐ School/daycare exchange — Dropping-off Parent delivers; Receiving Parent picks up
☐ Neutral public location: [________________________________]
☐ Supervised exchange location: [________________________________]

5. CHILD'S PREFERENCE (CAL. FAM. CODE § 3042)

Under Cal. Fam. Code section 3042, if a Child is 14 years of age or older, and the Child wishes to address the court regarding custody or visitation, the court shall permit the Child to do so unless the court determines that doing so is not in the Child's best interest. Even children under 14 may address the court if the court determines it is appropriate and in the Child's best interest.

☐ Not Applicable — No Child is 14 or older, and neither Parent requests that a Child's preference be considered.

☐ Child's Preference Considered — [________________________________] (Child's name), age [____], has expressed a preference regarding custody/visitation as follows: [________________________________]. The Parents have considered the Child's preference along with all other best-interest factors.

☐ Child Wishes to Address the Court — [________________________________] (Child's name), age [____], wishes to address the court. The Parents ☐ consent / ☐ do not consent to the Child addressing the court.

6. RELOCATION / MOVE-AWAY PROVISIONS (CAL. FAM. CODE § 7501)

6.1 Applicability

☐ This modification involves a relocation by one Parent. Complete this Section.
☐ This modification does not involve a relocation. Skip to Section 7.

6.2 California Move-Away Legal Framework

Under Cal. Fam. Code section 7501, a parent entitled to custody has a right to change the Child's residence, subject to the court's power to restrain a removal that would prejudice the rights or welfare of the Child. The Legislature has affirmed the decision in In re Marriage of Burgess (1996) 13 Cal.4th 25 as the law of California.

If the relocating Parent has sole or primary physical custody: The relocating Parent has a presumptive right to relocate with the Child. The non-relocating Parent bears the burden of showing that the proposed move would cause detriment to the Child sufficient to warrant a change of custody. (In re Marriage of Burgess; In re Marriage of LaMusga (2004) 32 Cal.4th 1072.)

If the Parents share joint physical custody under an existing order and in fact: The court determines de novo what primary-custody arrangement is in the Children's best interests. (In re Marriage of Burgess, supra, 13 Cal.4th at p. 40, fn. 12; In re Marriage of LaMusga (2004) 32 Cal.4th 1072.)

6.3 Stipulated Relocation Terms

The relocating Parent, [________________________________], intends to relocate to:

New Address: [________________________________]
City/State/ZIP: [________________________________]
Distance from current residence: approximately [____] miles
Reason for relocation: [________________________________]

The Parents agree to the following modified custody arrangement to accommodate the relocation:
[________________________________]
[________________________________]
[________________________________]

Travel costs shall be allocated as follows: [________________________________]

6.4 Future Relocation Notice Requirement

If the existing custody order contains a notice provision under Cal. Fam. Code section 3024, notice of a change of the Children's residence lasting more than 30 days shall be sent before the move by mail, return receipt requested, postage prepaid, to the other Parent's last known address, with a copy to counsel of record. To the extent feasible, the notice shall be provided at least 45 days before the proposed move. The Parents additionally agree that the notice will state the proposed new address, move date, reason for the move, and a proposed revised parenting time schedule.

7. DOMESTIC VIOLENCE CONSIDERATIONS (CAL. FAM. CODE § 3044)

7.1 Rebuttable Presumption

Under Cal. Fam. Code section 3044, if the court finds that a Parent seeking custody has perpetrated domestic violence within the previous five years against the other party seeking custody, the Child or the Child's siblings, or another qualifying person described in Cal. Fam. Code section 3011(a)(2)(A), there is a rebuttable presumption that awarding sole or joint physical or legal custody to the perpetrator is detrimental to the Child's best interest.

7.2 Applicability to This Modification

☐ Not Applicable — No findings of domestic violence exist, and no domestic violence allegations are pending.

☐ Prior Findings Exist — A court has previously found that [________________________________] perpetrated domestic violence. The presumption may be rebutted only by a preponderance of the evidence. The court must find that custody to the perpetrator is in the Child's best interest and evaluate all applicable factors under Cal. Fam. Code section 3044(b)(2):
☐ Successful completion of a qualifying batterer's treatment program (Penal Code § 1203.097(c))
☐ Successful completion of alcohol or drug abuse counseling, if appropriate
☐ Successful completion of a parenting class, if appropriate
☐ Compliance or noncompliance with probation or parole terms
☐ Compliance or noncompliance with a protective or restraining order
☐ Whether further acts of domestic violence have occurred
☐ Any firearm-or-ammunition violation finding described in Cal. Fam. Code § 3044(b)(2)(G)
☐ Other evidence relevant to the required best-interest finding: [________________________________]

☐ Active Domestic Violence Restraining Order (DVRO) — A DVRO is currently in effect. Case No.: [________________________________]. This modification is consistent with the terms of the DVRO.

8. ADDITIONAL MODIFICATION PROVISIONS

8.1 Right of First Refusal

☐ No Change
☐ Added: If either Parent is unable to care for the Children for more than [____] consecutive hours during that Parent's scheduled parenting time, that Parent shall first offer the other Parent the opportunity to care for the Children before arranging third-party childcare.
☐ Modified to [____] hours (previously [____] hours).
☐ Removed.

8.2 Communication and Co-Parenting

Parents shall communicate regarding the Children primarily through:
☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text message ☐ Other: [________________________________]

☐ Neither Parent shall make negative or disparaging remarks about the other Parent in the Children's presence or hearing.
☐ Neither Parent shall discuss the details of this litigation with the Children.
☐ Neither Parent shall question the Children about the other Parent's household, relationships, or finances.

8.3 Supervision Requirements

☐ Not Applicable

☐ Supervision Modified:
Previous requirement: [________________________________]
Modified requirement: [________________________________]

Basis for modification (check all that apply):
☐ Completion of court-ordered programs: [________________________________]
☐ Demonstrated period of sobriety/stability: [____] months
☐ Positive report from supervisor/therapist
☐ Professional recommendation from: [________________________________]
☐ Stipulation of the parties
☐ Other: [________________________________]

8.4 Substance Abuse Provisions

☐ Neither Parent shall use controlled substances (except as lawfully prescribed) or consume alcohol to the point of impairment during parenting time or within [____] hours before parenting time begins.

☐ [________________________________] shall submit to random drug/alcohol testing upon reasonable request, at ☐ requesting Parent's expense / ☐ tested Parent's expense / ☐ shared expense.

8.5 Child Support Adjustment

☐ No Change to Child Support — This modification addresses custody/visitation only.
☐ Child Support to Be Addressed Separately — The parties acknowledge that the change in custodial timeshare may affect child support and agree to address support ☐ by separate stipulation / ☐ at the hearing on this matter.
☐ Modified Child Support — See attached Income and Expense Declaration (FL-150) and Child Support Information and Order Attachment (FL-342).

Note: Under the California Statewide Uniform Guideline (Cal. Fam. Code §§ 4050-4077), the approximate percentage of time the high earner has primary physical responsibility for the Children is an express input in the guideline formula. (Cal. Fam. Code § 4055(b)(1)(D).) A custody-timeshare change may therefore affect the guideline calculation; any support modification must be separately requested or stipulated.

9. PROVISIONS REMAINING UNCHANGED

Unless expressly modified by this Stipulation, all other provisions of the existing custody order(s) identified in Section 1.3 remain in full force and effect, including but not limited to:

☐ Non-disparagement provisions
☐ Information sharing and record access
☐ Emergency decision-making authority
☐ Insurance obligations
☐ Firearms safety requirements
☐ Introduction of new partners
☐ Other: [________________________________]

10. DISPUTE RESOLUTION

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

The Parents acknowledge that if a future petition, application, or other pleading seeks to obtain or modify custody or visitation and the issue is contested, the court shall set the contested issues for mediation through Family Court Services, as required by Cal. Fam. Code section 3170.

County-specific mediation information:
☐ This county uses "recommending" mediation (mediator makes a recommendation to the court if parties do not agree)
☐ This county uses "non-recommending" / "confidential" mediation (mediator does not make a recommendation)

10.2 Private Mediation

Before invoking mandatory court mediation, Parents agree to attempt resolution through:
☐ Direct good-faith communication between Parents
☐ Private mediation with a mutually agreed-upon mediator at shared expense
☐ Collaborative law process
☐ Co-parenting counseling with: [________________________________]

10.3 Forum and Governing Law

This Stipulation is governed by California law. Cal. Fam. Code section 3421 governs initial UCCJEA jurisdiction. A California court that made a custody determination consistent with section 3421 or 3423 has exclusive, continuing jurisdiction only while the conditions in Cal. Fam. Code section 3422 remain satisfied.

11. REPRESENTATIONS AND ACKNOWLEDGMENTS

The Parents represent and acknowledge as follows:

☐ Each Parent enters this Stipulation voluntarily, without coercion, duress, or undue influence.

☐ Each Parent has had the opportunity to consult with independent legal counsel or has knowingly waived that right.

☐ Each Parent has made full disclosure of all material information affecting the Children's welfare.

☐ This Stipulation serves the Children's best interests under Cal. Fam. Code section 3011.

☐ Neither Parent has pending criminal charges, Child Protective Services (CPS) investigations, or other proceedings affecting custodial fitness, except as disclosed herein: [________________________________]

☐ Each Parent is in substantial compliance with the existing custody order(s), except as disclosed herein: [________________________________]

☐ The Parents understand that this Stipulation, once approved by the Court, becomes a court order enforceable by contempt proceedings under Cal. Code Civ. Proc. section 1218.

12. FILING AND PROCEDURAL INFORMATION

12.1 Judicial Council Forms

This Stipulation should be filed with the following Judicial Council forms, as applicable:

☐ FL-355 — Stipulation and Order for Custody and/or Visitation (Parenting Time) (cover sheet for a signed agreement)
☐ FL-300 — Request for Order (if filing as a motion rather than a stipulation)
☐ FL-311 — Child Custody and Visitation (Parenting Time) Application Attachment
☐ FL-341 — Child Custody and Visitation (Parenting Time) Order Attachment
☐ FL-341(C) — Children's Holiday Schedule Attachment
☐ FL-341(D) — Additional Provisions — Physical Custody Attachment
☐ FL-341(E) — Joint Legal Custody Attachment
☐ FL-150 — Income and Expense Declaration (if child support is also being modified)
☐ FL-342 — Child Support Information and Order Attachment (if applicable)

12.2 Service Requirements

If this Stipulation is being submitted as a Request for Order (FL-300), the requesting party must serve the other party at least 16 court days before the hearing (plus additional time if service is by mail under Cal. Code Civ. Proc. § 1005(b)).

12.3 Copies and Distribution

Upon court approval, copies of the filed order shall be provided to:
☐ Both Parents and their attorneys
☐ Children's school(s): [________________________________]
☐ Children's healthcare providers
☐ Childcare providers
☐ Other: [________________________________]

13. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Stipulation as of the date(s) set forth below, and request that the Court approve and incorporate this Stipulation as a court order.

PARENT A / PETITIONER:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

PARENT B / RESPONDENT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT A (if applicable):

Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT B (if applicable):

Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

14. ORDER OF THE COURT

GOOD CAUSE APPEARING, the Court, having reviewed the foregoing Stipulation and finding that it serves the best interests of the minor child(ren) under Cal. Fam. Code section 3011:

IT IS HEREBY ORDERED that the Stipulation is approved and incorporated as an order of this Court. The custody and visitation provisions of the existing order are modified as set forth in this Stipulation, effective [__/__/____].

☐ The Court has reviewed the stipulation for compliance with Cal. Fam. Code § 3044 (domestic violence presumption), and finds: [________________________________]

☐ The Court has considered the factors set forth in Cal. Fam. Code § 3011 and finds this modification is in the best interests of the child(ren).

Date: [__/__/____]

_________________________________
Judge of the Superior Court
County of [________________________________]

Sources and References

California Family Code — Custody Provisions

• Cal. Fam. Code §§ 3000–3465 — Division 8, Custody of Children: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=FAM&division=8.&title=&part=&chapter=&article=
• Cal. Fam. Code § 3011 — Best Interests Factors: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3011
• Cal. Fam. Code § 3024 — Court-ordered notice of proposed residence change: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3024.
• Cal. Fam. Code § 3087 — Modification of Joint Custody Orders: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3087
• Cal. Fam. Code § 3170 — Mandatory Mediation: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3170
• Cal. Fam. Code § 3186 — Confirmation of Mediated Agreements: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3186
• Cal. Fam. Code § 3422 — Exclusive, Continuing UCCJEA Jurisdiction: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3422
• Cal. Fam. Code § 4055 — Guideline Formula and Timeshare Input: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=4055
• Cal. Fam. Code § 7501 — Right to Change a Child's Residence: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=7501

Key Case Law

• Montenegro v. Diaz (2001) 26 Cal.4th 249 — Changed-circumstances rule and finality of stipulated custody orders
• In re Marriage of Burgess (1996) 13 Cal.4th 25 — Move-away standard and section 7501
• In re Marriage of LaMusga (2004) 32 Cal.4th 1072 — Initial detriment showing and move-away best-interest analysis

Judicial Council Forms

• FL-300 — Request for Order: https://selfhelp.courts.ca.gov/jcc-form/FL-300
• FL-355 — Stipulation and Order for Custody and/or Visitation (Parenting Time): https://selfhelp.courts.ca.gov/jcc-form/FL-355
• FL-311 — Child Custody and Visitation Application Attachment: https://selfhelp.courts.ca.gov/jcc-form/FL-311
• FL-341 — Child Custody and Visitation Order Attachment: https://selfhelp.courts.ca.gov/jcc-form/FL-341

Additional Resources

• California Courts Self-Help — Changing a Custody Order: https://selfhelp.courts.ca.gov/change-custody-order
• California Courts Self-Help — Child Custody Mediation: https://selfhelp.courts.ca.gov/child-custody-mediation

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