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. Under California law, a stipulated modification may be submitted to the Superior Court for approval as a court order. If the parties cannot agree, the moving party must file a Request for Order (Judicial Council Form FL-300) and demonstrate a significant change of circumstances under the two-step framework established in Montenegro v. Diaz (2001) 26 Cal.4th 249.

Mandatory Mediation: Pursuant to Cal. Fam. Code section 3170, if custody or visitation is contested, the court shall set the contested issues for mediation through Family Court Services (FCS) before any hearing. If the parties have reached agreement through this stipulation, mediation may not be required, but local court rules may still 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 two-step framework established by the California Supreme Court in Montenegro v. Diaz (2001) 26 Cal.4th 249, and as codified in Cal. Fam. Code section 3087, modification of a final custody order requires:

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: If the existing order is a temporary order (not entered after a contested hearing or stipulated as "final"), the changed-circumstances threshold may not apply, and the court may proceed directly to a best-interests analysis. (In re Marriage of Birnbaum (1989) 211 Cal.App.3d 1508.)

2.2 Stipulated Modification

Where both Parents agree to a modification, as in this Stipulation, the court may approve the modification without requiring an adversarial showing of changed circumstances, provided the court finds the modification serves the Children's best interests. (Cal. Fam. Code § 3080 [joint custody presumption upon agreement]; § 3087.)

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 history of abuse by one parent or any other person seeking custody, against any child to whom the parent is related, against the other parent, or against any person described in Cal. Fam. Code section 3011(a);
(c) The nature and amount of contact with both Parents;
(d) The habitual or continual use of controlled substances, abuse of alcohol, or abuse of prescribed controlled substances by either Parent.

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 (approximately equal time): Neither Parent has a presumptive right to relocate. The court conducts a de novo best-interests analysis. (In re Marriage of LaMusga.)

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

Pursuant to Cal. Fam. Code section 3024, a Parent proposing to change the Children's residence shall provide written notice to the other Parent at least [____] days before the proposed change of residence. The notice shall include:
(a) The proposed new address;
(b) The reason for the move;
(c) A proposed revised parenting time schedule;
(d) The proposed effective date.

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 has perpetrated domestic violence within the previous five years against the other parent, a child, or a child's sibling, there is a rebuttable presumption that awarding sole or joint physical or legal custody to the perpetrator is detrimental to the best interests of the child.

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 following conditions have been met to overcome the presumption under Cal. Fam. Code section 3044(b):
☐ Successful completion of a 52-week batterer's intervention program (Penal Code § 1203.097)
☐ Successful completion of substance abuse counseling
☐ Compliance with probation or parole terms
☐ Compliance with protective order for [____] months/years
☐ Other: [________________________________]

☐ 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 §§ 4050-4076), a change in the custodial timeshare is a recognized basis for modification of child support.

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 any future dispute arises regarding custody or visitation, the court shall set the contested issues for mediation through Family Court Services before any hearing, 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. The Superior Court of California, County of [________________________________], retains exclusive, continuing jurisdiction over all custody and visitation matters pursuant to Cal. Fam. Code section 3421 (UCCJEA).

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-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 § 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

Key Case Law

• Montenegro v. Diaz (2001) 26 Cal.4th 249 — Changed circumstances threshold for custody modification
• In re Marriage of Burgess (1996) 13 Cal.4th 25 — Move-away standard; custodial parent's presumptive right to relocate
• In re Marriage of LaMusga (2004) 32 Cal.4th 1072 — Move-away detriment analysis
• In re Marriage of Birnbaum (1989) 211 Cal.App.3d 1508 — Distinction between temporary and final orders for modification purposes

Judicial Council Forms

• FL-300 — Request for Order: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl300.pdf
• FL-311 — Child Custody and Visitation Application Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl311.pdf
• FL-341 — Child Custody and Visitation Order Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl341.pdf

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.