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 to submit their signed agreement and proposed custody attachments for court approval. If they cannot agree, a parent may use a Request for Order (Form FL-300) to ask the court to change the order. California Courts guidance says a parent seeking to change a final order needs to show a significant change in circumstances.

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 mediated agreement ordinarily requires each party's assent in court or in a written stipulation before incorporation into an order; section 3186(c) addresses a party's failure to appear at a noticed hearing. Domestic violence cases follow a separate protocol, and a qualifying party may request separate mediation sessions under section 3181. 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

California Courts guidance distinguishes a final custody order from an order that is not final. A parent seeking to change a final order must show a significant change in circumstances. Cal. Fam. Code section 3087 provides that a joint custody order may be modified or terminated when the child's best interest requires it. The court decides which standard applies to the existing order and proposed change.

Changed circumstances: If the existing order is final, identify what has significantly changed since it was entered.

Best interests: Explain why the requested change serves the Children's best interests under Cal. Fam. Code section 3011.

Existing order: Identify whether the order being changed is final or temporary. The parties' description does not decide the legal effect of an earlier court order.

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. CIRCUMSTANCES SUPPORTING THIS MODIFICATION

The Parents describe the circumstances supporting the requested modification below. If the order being changed is final, identify the significant change since that order. The Court decides whether the applicable standard is met:

☐ 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 has expressed a preference regarding custody. Name, age, and preference: [________________________________]. (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 when both Parents' consent is required and the consequences if consent is not obtained. The Parents request the following allocation, subject to the Court's order:

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
Week 1: Monday–Tuesday Parent A; Wednesday–Thursday Parent B; Friday–Sunday Parent A
Week 2: Monday–Tuesday Parent B; Wednesday–Thursday Parent A; Friday–Sunday Parent B

☐ 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.

☐ No Child Wishes to Address the Court — No Child has asked to address the court. The court may still consider a sufficiently mature Child's preference under section 3042(a).

☐ 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 Court controls how the Child's views are received under section 3042.

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 court also considers the existing physical custody order, whether it is permanent, and the Child's best interests.

If a permanent order gives the relocating Parent sole physical custody: California Courts guidance says the judge will typically allow the move unless the other Parent shows it would harm the Child.

If a permanent order gives the Parents joint physical custody: California Courts guidance says the relocating Parent must show that the move is in the Child's best interests. If there is no permanent custody order, the court decides the move based on best interests without an assumption based on the current physical custody arrangement.

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

☐ No Known Finding or Pending Allegation — The Parents disclose no domestic violence finding or pending allegation. This selection does not replace the Court's inquiry under section 3044.

☐ 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, evaluate the factors under Cal. Fam. Code section 3044(b)(2) on balance, and make the findings required by section 3044(f):

• ☐ Successful completion of a qualifying batterer's treatment program
• ☐ 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, 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

If safe and permitted by any protective order, Parents may 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: [________________________________]

Where there has been a qualifying history of domestic violence or a protective order, a protected party or a party alleging domestic violence in a written declaration under penalty of perjury may request separate court mediation sessions under Cal. Fam. Code section 3181. Private mediation does not replace mediation ordered by the Court.

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.

☐ The Parents ask the Court to find that 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, once approved by the Court, this Stipulation becomes a court order. A violation may be subject to enforcement, including contempt proceedings where the requirements of Cal. Code Civ. Proc. section 1218 are met.

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 with a Request for Order (FL-300), follow the deadline on the hearing notice and any applicable court order. Cal. Code Civ. Proc. § 1005(b) generally requires moving papers to be served and filed at least 16 court days before the hearing, with additional time when service is by mail, unless another rule or court order applies.

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 [__/__/____].

Basis for this Court's custody jurisdiction: [________________________________]

Notice and opportunity to be heard were provided as follows: [________________________________]

Country of habitual residence of each Child: [________________________________]

The custody and visitation rights of each party are stated in Section 4 and the attached schedule. A violation of this order may subject the violating party to civil or criminal penalties, or both. (Cal. Fam. Code § 3048(a).)

☐ 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 § 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

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 — Requesting or changing a custody order: https://selfhelp.courts.ca.gov/request-for-order/custody-visitation
• California Courts Self-Help — Family court mediation: https://selfhelp.courts.ca.gov/child-custody/what-to-expect-mediation

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