Templates Family Law California Joint Custody Agreement

California Joint Custody Agreement

Ready to Edit

CALIFORNIA JOINT CUSTODY AGREEMENT

Stipulation for Joint Legal and Physical Custody


CALIFORNIA STATUTORY FRAMEWORK

Under Cal. Fam. Code section 3080, there is a presumption affecting the burden of proof that joint custody is in the best interest of the minor child when both parents agree to joint custody or so agree in open court. This agreement reflects the Parents' mutual agreement to joint custody, thereby invoking this statutory presumption.

Cal. Fam. Code section 3020(b) declares it is the policy of California to ensure that children have frequent and continuing contact with both parents after separation, and to encourage parents to share the rights and responsibilities of child rearing, except where such contact would not be in the best interest of the child.

Mandatory Specification Requirements: Under Cal. Fam. Code section 3083, a joint legal custody order must specify the circumstances under which both parents' consent is required and the consequences of failure to obtain consent. Under Cal. Fam. Code section 3084, a joint physical custody order must specify each parent's rights to physical control of the child in sufficient detail to enable enforcement of child abduction laws.


1. CASE AND COURT INFORMATION

Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Department: [________________________________]

1.1 Parties

Petitioner / Parent A:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California Driver's License or ID No.: [________________________________]

Respondent / Parent B:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California Driver's License or ID No.: [________________________________]

1.2 Minor Child(ren)

Child's Full Legal Name Date of Birth Age Current School/Grade
[________________________________] [__/__/____] [____] [________________________________]
[________________________________] [__/__/____] [____] [________________________________]
[________________________________] [__/__/____] [____] [________________________________]

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

1.3 Nature of Proceeding

This Joint Custody Agreement ("Agreement") is submitted in connection with:

☐ Dissolution of Marriage (Cal. Fam. Code § 2310 et seq.)
☐ Legal Separation (Cal. Fam. Code § 2310 et seq.)
☐ Parentage / Paternity Action (Cal. Fam. Code § 7600 et seq.)
☐ Post-Judgment modification
☐ Other: [________________________________]

1.4 Effective Date

This Agreement shall become effective as of [__/__/____], or upon the date of the Court's order incorporating this Agreement, whichever is later.

1.5 Guiding Principles

Consistent with Cal. Fam. Code sections 3011 and 3020, the Parents agree to the following principles:

(a) The health, safety, and welfare of the Children shall be the primary concern in all decisions.
(b) The Children shall have frequent and continuing contact with both Parents.
(c) Both Parents shall share the rights and responsibilities of child rearing.
(d) Both Parents shall cooperate, communicate respectfully, and resolve conflicts in the Children's best interests.
(e) Neither Parent shall denigrate the other in the presence of the Children or involve the Children in parental conflict.
(f) The sex, gender identity, gender expression, or sexual orientation of a Parent shall not be considered in custody or visitation determinations. (Cal. Fam. Code § 3011(d).)


2. JOINT LEGAL CUSTODY (CAL. FAM. CODE §§ 3003, 3083)

2.1 Award of Joint Legal Custody

Both Parents shall share joint legal custody as defined by Cal. Fam. Code section 3003: the right and responsibility to make decisions relating to the health, education, and welfare of the Children.

2.2 Major Decisions Requiring Mutual Consent (Cal. Fam. Code § 3083)

Pursuant to Cal. Fam. Code section 3083, the court must specify the circumstances requiring both Parents' consent. The following Major Decisions require mutual consent after good-faith consultation:

(a) Education: School enrollment, changes in school, special education evaluations and services (IEP/504 plans), tutoring programs, and selection of childcare/daycare facilities;

(b) Non-Emergency Medical and Dental Care: Selection of physicians, dentists, and specialists; elective procedures; vaccinations (beyond those required by California law for school enrollment); orthodontic treatment; and medications for chronic conditions;

(c) Mental Health Treatment: Initiation of counseling, therapy, psychiatric evaluation, or psychotropic medication;

(d) Religious Upbringing: Religious instruction, ceremonies (baptism, bar/bat mitzvah, confirmation), and regular religious observance;

(e) Extracurricular Activities: Enrollment in activities exceeding $[____] per month or requiring significant time commitments affecting the other Parent's parenting time;

(f) Travel: Out-of-state travel exceeding [____] consecutive days; all international travel;

(g) Legal Matters: Any legal action taken on behalf of the Children;

(h) Relocation: Any change of residence that would impact the parenting time schedule (see Section 9).

2.3 Consequences of Failure to Obtain Mutual Consent (Cal. Fam. Code § 3083)

If a Parent makes a Major Decision without the required good-faith consultation and mutual consent:

(a) The other Parent may seek a court order reversing the decision by filing a Request for Order (FL-300);
(b) The non-consulting Parent may be responsible for all costs associated with the unilateral decision;
(c) The court may consider the failure to consult as a factor in future custody proceedings;
(d) The court may award attorney's fees to the aggrieved Parent under Cal. Fam. Code section 271.

2.4 Decision-Making Protocol

(a) Initiation: The Parent proposing a Major Decision shall provide written notice to the other Parent (by the communication method specified in Section 7) with sufficient detail and documentation to allow informed discussion.

(b) Response Time: The other Parent shall respond within [____] calendar days. Failure to respond within this period constitutes consent to the proposed decision, except for decisions regarding relocation, international travel, or changes in school enrollment.

(c) Good-Faith Consultation: Both Parents shall discuss the matter in good faith, considering the Children's best interests, before making a final decision.

(d) Impasse: If the Parents cannot reach agreement after good-faith efforts, the dispute shall be resolved as follows:
☐ Mediation per Section 10
☐ The following Parent shall have tiebreaking authority for the following categories:
Education: Parent [____]
Medical: Parent [____]
Mental Health: Parent [____]
Extracurricular: Parent [____]
Other: [________________________________]

2.5 Routine Decisions

The Parent exercising parenting time at any given time may make routine day-to-day decisions regarding the Children's care, including meals, bedtime, homework, hygiene, discipline, and minor social activities. Routine decisions do not require consultation.

2.6 Emergency Decisions

The Parent with physical custody at the time of an emergency may make any decision necessary to protect the Children's health or safety. That Parent shall notify the other Parent of the emergency and any decisions made as soon as reasonably possible, but no later than 24 hours after the emergency.


3. JOINT PHYSICAL CUSTODY (CAL. FAM. CODE §§ 3004, 3084)

3.1 Award of Joint Physical Custody

Both Parents shall share joint physical custody as defined by Cal. Fam. Code section 3004: each Parent shall have significant periods of physical custody, shared in such a way as to assure the Children of frequent and continuing contact with both Parents.

3.2 Specification of Physical Control (Cal. Fam. Code § 3084)

Pursuant to Cal. Fam. Code section 3084, the following specifies each Parent's rights to physical control of the Children in sufficient detail to enable enforcement under child abduction laws (Penal Code §§ 277-280):

Parent A has physical custody of the Children during the following times:
[________________________________]

Parent B has physical custody of the Children during the following times:
[________________________________]

At all other times not specified, the Children shall be in the custody of:
[________________________________]

3.3 Regular Parenting Time Schedule — School Year

Select one of the following schedules:

Option A: Alternating Weeks (50/50)
Parent A: Seven (7) consecutive days beginning [________________________________] at [____] AM/PM
Parent B: The following seven (7) consecutive days
Exchanges occur at: ☐ School ☐ [________________________________]

Option B: 2-2-3 Rotating Schedule (50/50)
Week 1: Monday-Tuesday with Parent A; Wednesday-Thursday with Parent B; Friday-Sunday with Parent A
Week 2: Monday-Tuesday with Parent B; Wednesday-Thursday with Parent A; Friday-Sunday with Parent B
All transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

Option C: 5-2-2-5 Schedule (50/50)
Monday-Tuesday: Always with Parent A
Wednesday-Thursday: Always with Parent B
Friday-Sunday: Alternating (Parent A on odd weeks; Parent B on even weeks)
All transitions at: ☐ School drop-off ☐ [____] AM/PM at [________________________________]

Option D: 3-4-4-3 Schedule (50/50)
Week 1: Monday-Wednesday with Parent A; Thursday-Sunday with Parent B
Week 2: Monday-Thursday with Parent A; Friday-Sunday with Parent B

Option E: Alternating Weekends Plus Midweek (approximately 60/40)
Primary Parent ([________________________________]):
Weekdays and alternate weekends
Other Parent ([________________________________]):
Alternating weekends: Friday at [____] PM to Monday morning school drop-off
One (1) midweek visit: [________________________________] from [____] PM to [____] AM/PM
☐ With overnight ☐ Dinner visit only

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

3.4 Primary Residence for School Enrollment

The Children's primary residence for purposes of school enrollment and correspondence shall be:
☐ Parent A's residence ☐ Parent B's residence

Address: [________________________________]
School District: [________________________________]
School Name: [________________________________]

Note: Designation of a primary residence for school enrollment purposes does not affect the joint physical custody designation or either Parent's rights.

3.5 Summer Schedule

Regular schedule continues through summer

Modified summer schedule:
Each Parent shall have [____] weeks of uninterrupted vacation time with the Children during summer break.
Written notice of vacation dates shall be provided by [________________________________] (date) each year.
If Parents' requested dates conflict, Parent A shall have priority in ☐ even / ☐ odd years.

Custom summer schedule:
[________________________________]

3.6 Holiday and School Break Schedule

Holidays supersede the regular parenting time schedule. Use the schedule below or attach Judicial Council Form FL-341(C).

Holiday Even Years Odd Years Time Period
New Year's Day (Jan. 1) Parent [____] Parent [____] Dec. 31 [____] PM – Jan. 1 [____] PM
Martin Luther King Jr. Day Parent [____] Parent [____] Sat. [____] AM – Mon. [____] PM
Presidents' Day Weekend Parent [____] Parent [____] Sat. [____] AM – Mon. [____] PM
Spring Break Parent [____] Parent [____] Last school day [____] PM – day before school [____] PM
Easter / Passover Parent [____] Parent [____] [________________________________]
Memorial Day Weekend Parent [____] Parent [____] Sat. [____] AM – Mon. [____] PM
Fourth of July Parent [____] Parent [____] Jul. 3 [____] PM – Jul. 5 [____] AM
Labor Day Weekend Parent [____] Parent [____] Sat. [____] AM – Mon. [____] PM
Halloween (Oct. 31) Parent [____] Parent [____] [____] PM – [____] PM
Thanksgiving Parent [____] Parent [____] Wed. [____] PM – Sun. [____] PM
Winter Break — First Half Parent [____] Parent [____] Last school day [____] PM – Dec. 25 [____] PM
Winter Break — Second Half Parent [____] Parent [____] Dec. 25 [____] PM – day before school [____] PM
Mother's Day With Mother With Mother Sat. [____] AM – Sun. [____] PM
Father's Day With Father With Father Sat. [____] AM – Sun. [____] PM
Child's Birthday Parent [____] Parent [____] [________________________________]
Parent A's Birthday With Parent A With Parent A [________________________________]
Parent B's Birthday With Parent B With Parent B [________________________________]

3.7 Special Days and Cultural Observances

☐ Additional cultural, religious, or family holidays:
[________________________________]
[________________________________]


4. TRANSPORTATION AND EXCHANGE

4.1 Exchange Location

☐ School — Dropping-off Parent delivers; Receiving Parent picks up
☐ Curbside at the receiving Parent's residence
☐ Neutral public location: [________________________________]
☐ Supervised exchange facility: [________________________________]
☐ Other: [________________________________]

4.2 Transportation Responsibilities

☐ The receiving Parent shall be responsible for pick-up
☐ The dropping-off Parent shall be responsible for delivery
☐ Transportation shared equally — Parent A transports to Parent B; Parent B transports to Parent A
☐ Other: [________________________________]

4.3 Exchange Protocol

(a) The Children shall be ready at the designated time with clothing, homework, medications, and personal items.
(b) Exchanges shall occur within a [____]-minute window of the scheduled time. The waiting Parent shall wait at least [____] minutes before the exchange is considered missed.
(c) If a Parent will be more than [____] minutes late, that Parent shall notify the other Parent as soon as possible.
(d) Neither Parent shall use the exchange as an opportunity to discuss disputed matters or engage in conflict.
(e) ☐ Neither Parent shall exit the vehicle during curbside exchanges.

4.4 Travel Costs

If the Parents reside more than [____] miles apart:
☐ Transportation costs shall be shared equally
☐ The traveling Parent bears the cost
☐ Costs allocated [____]% to Parent A and [____]% to Parent B
☐ Other: [________________________________]


5. RIGHT OF FIRST REFUSAL

Included — If either Parent is unable to personally 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.

The following are excluded from the right of first refusal:
☐ Care by grandparents
☐ Care by a stepparent residing in the household
☐ Regular school or daycare
☐ Scheduled activities (sports, lessons, camps)
☐ Other: [________________________________]

Not Included


6. ACCESS TO RECORDS AND INFORMATION

6.1 Equal Access

Both Parents shall have full and equal access to all records concerning the Children, including:
(a) School records, report cards, teacher communications, and IEP/504 documents;
(b) Medical, dental, and vision records;
(c) Mental health and counseling records;
(d) Extracurricular activity schedules and communications;
(e) Childcare/daycare records.

6.2 Listing on Records

Both Parents shall be listed as parents and emergency contacts on all school, medical, and childcare records. Both Parents shall be entitled to communicate directly with teachers, physicians, counselors, and other professionals involved in the Children's care.

6.3 Information Sharing

(a) Each Parent shall promptly inform the other of any significant events, illnesses, injuries, disciplinary actions, or emergencies involving the Children.
(b) Each Parent shall provide copies of report cards, school notices, medical records, and other important documents within [____] days of receipt.
(c) Each Parent shall notify the other of all school events, parent-teacher conferences, extracurricular events, and medical appointments with sufficient advance notice for the other Parent to attend.


7. COMMUNICATION

7.1 Between Parents

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

Communication shall be:
(a) Respectful, business-like, and focused on the Children's needs;
(b) Responded to within [____] hours for routine matters and within [____] hours for urgent matters;
(c) Free from profanity, threats, insults, or disparaging remarks.

7.2 Parent-Child Communication

Each Parent shall facilitate reasonable phone and/or video communication between the Children and the other Parent during that Parent's parenting time:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ As mutually agreed, at reasonable times
☐ Other: [________________________________]

Neither Parent shall monitor, record, or interfere with the Children's communication with the other Parent, except as reasonably necessary for young children.

7.3 Non-Disparagement and Shielding Children from Conflict

(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 in the Children's presence or hearing.
(b) Neither Parent shall discuss court proceedings, financial disputes, or adult matters with the Children.
(c) Neither Parent shall question the Children about the other Parent's personal life, relationships, finances, or activities.
(d) Neither Parent shall use the Children as messengers between Parents.


8. CHILD-REARING PROVISIONS

8.1 Consistency Across Households

Parents shall make reasonable efforts to maintain consistency in the following areas:
(a) Bedtime and wake-up routines;
(b) Homework expectations and study habits;
(c) Screen time limits;
(d) Discipline approaches (neither Parent shall use corporal punishment);
(e) Dietary restrictions related to health or allergies.

8.2 Introduction of New Partners

If either Parent develops a new romantic relationship:
(a) The new partner shall not be introduced to the Children until the relationship has been stable for at least [____] months;
(b) The new partner shall not be present during exchanges for at least [____] months after introduction;
(c) The Children shall not be asked to call a new partner by a parental title;
(d) ☐ Neither Parent shall allow a new romantic partner to reside overnight while the Children are present until [________________________________].

8.3 Attendance at Children's Events

(a) Both Parents are welcome and encouraged to attend the Children's school events, performances, sporting events, and other activities.
(b) Parents shall conduct themselves respectfully toward each other at all events.
(c) Both Parents shall receive notice of all events per Section 6.3.

8.4 Substance Use Restrictions

(a) Neither Parent shall use controlled substances (except as lawfully prescribed by a physician) during parenting time or within [____] hours before parenting time begins.
(b) Neither Parent shall consume alcohol to the point of impairment during parenting time.
(c) Neither Parent shall allow any third party who is under the influence of drugs or alcohol to care for the Children.

8.5 Firearms Safety

All firearms in either Parent's home shall be stored unloaded in a California DOJ-approved locked container or with a California DOJ-approved locking device (Cal. Penal Code § 25100 et seq.), with ammunition stored separately, inaccessible to the Children.


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

9.1 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. The notice shall include:
(a) The intended new address;
(b) The reason for the move;
(c) A proposed revised parenting time schedule;
(d) The proposed effective date.

9.2 Move-Away Standard for Joint Physical Custody

Because the Parents share joint physical custody with approximately equal parenting time, neither Parent has a presumptive right to relocate with the Children. Any proposed relocation that would substantially impair the joint custody arrangement requires either:
(a) Written consent of the other Parent; or
(b) A court order following a de novo best-interests analysis under Cal. Fam. Code section 3011, applying the factors set forth in In re Marriage of LaMusga (2004) 32 Cal.4th 1072.

9.3 Geographic Restriction

☐ Neither Parent shall relocate the Children's primary residence outside of [________________________________] (specify area, e.g., county, region, mile radius) without the other Parent's written consent or a court order.

☐ No geographic restriction applies. Relocation is governed by the notice and approval provisions above.


10. DISPUTE RESOLUTION

10.1 Step 1 — Direct Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

10.2 Step 2 — Co-Parenting Counselor or Private Mediator

If direct communication fails, Parents shall engage a:
☐ Co-parenting counselor: [________________________________]
☐ Private mediator: [________________________________]
☐ Either, as mutually agreed
Cost allocation: ☐ Equal ☐ [____]% Parent A / [____]% Parent B

10.3 Step 3 — Mandatory Court Mediation (Cal. Fam. Code § 3170)

If private resolution fails, either Parent may file a Request for Order (FL-300). Pursuant to Cal. Fam. Code section 3170, the court shall set contested custody and visitation issues for mediation through Family Court Services before any hearing.

County mediation type:
☐ Recommending county — The mediator may make a recommendation to the court if the Parents do not reach agreement.
☐ Non-recommending / confidential county — The mediator does not make recommendations; the matter proceeds to hearing if unresolved.

10.4 Step 4 — Court Hearing

If mediation does not resolve the dispute, either Parent may request a hearing before the court. The court will apply the best-interests standard of Cal. Fam. Code section 3011.

10.5 Governing Law and Forum

This Agreement is governed by California law. The Superior Court of California, County of [________________________________], retains exclusive, continuing jurisdiction pursuant to Cal. Fam. Code section 3421 (UCCJEA).

10.6 Attorney's Fees (Cal. Fam. Code § 271)

The court may award attorney's fees and costs against a party who unreasonably frustrates the policy of the law to promote settlement and cooperation, pursuant to Cal. Fam. Code section 271.


11. DOMESTIC VIOLENCE SCREENING (CAL. FAM. CODE § 3044)

The Parents acknowledge the following:

No History of Domestic Violence — Neither Parent has been found by a court to have perpetrated domestic violence within the meaning of Cal. Fam. Code section 3044.

Prior Finding(s) Exist — A court has found that [________________________________] perpetrated domestic violence. The presumption under Cal. Fam. Code section 3044 has been addressed as follows: [________________________________]

Active Protective Order — A Domestic Violence Restraining Order (DVRO) is in effect. Case No.: [________________________________]. This Agreement is consistent with the DVRO.


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

Not Applicable — No Child is 14 or older, and no Child's preference is being considered.

Applicable — [________________________________] (Child's name), age [____], has expressed a preference regarding the parenting arrangement. The Parents have considered the Child's preference along with all other best-interest factors under Cal. Fam. Code section 3011.


13. CHILD SUPPORT CROSS-REFERENCE

☐ Child support is addressed in a separate order/stipulation.
☐ Child support is addressed concurrently. See attached FL-342 (Child Support Information and Order Attachment).
☐ The Parents acknowledge that the custodial timeshare established in this Agreement is a factor in calculating guideline child support under Cal. Fam. Code sections 4050-4076. The approximate timeshare percentage is: Parent A [____]% / Parent B [____]%.


14. MODIFICATION AND REVIEW

14.1 Modification Standard

This Agreement, once incorporated as a court order, may be modified upon a showing of significant changed circumstances under the framework of Montenegro v. Diaz (2001) 26 Cal.4th 249 and Cal. Fam. Code section 3087, or upon the mutual written stipulation of both Parents with court approval.

14.2 Periodic Review

The Parents agree to review this Agreement:
☐ Annually on or about [________________________________]
☐ Upon a Child entering middle school, high school, or reaching age 14
☐ Upon any significant change in either Parent's circumstances
☐ Other: [________________________________]

14.3 Developmental Adjustments

The Parents recognize that the Children's needs will change as they grow. The Parents agree to discuss and modify the parenting schedule as appropriate to accommodate developmental stages, including but not limited to transitions to preschool, elementary school, middle school, high school, and driving age.


15. GENERAL PROVISIONS

15.1 Integration

This Agreement, together with any Judicial Council forms filed concurrently, constitutes the entire understanding between the Parents regarding joint custody of the Children and supersedes all prior agreements, understandings, and negotiations.

15.2 Amendment

This Agreement may be modified only by a written stipulation signed by both Parents and approved by the Court, or by court order following a hearing.

15.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Court Enforcement

This Agreement, once approved by the Court and incorporated as a court order, is enforceable by contempt proceedings under Cal. Code of Civil Procedure section 1218, and by any other remedy available at law or equity.

15.5 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

15.6 Notice

All written notices required under this Agreement shall be sent to the addresses listed in Section 1.1 or to such other address as a Parent may designate in writing.


16. JUDICIAL COUNCIL FORMS CHECKLIST

This Agreement should be filed with the following forms, as applicable:

☐ FL-300 — Request for Order (if filing as a motion)
☐ 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 support is also at issue)
☐ FL-342 — Child Support Information and Order Attachment (if applicable)


17. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement as of the date(s) set forth below, and request that the Court approve and incorporate this Agreement as a court order pursuant to Cal. Fam. Code section 3080.

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: [__/__/____]


18. ORDER OF THE COURT

GOOD CAUSE APPEARING, the Court, having reviewed the foregoing Stipulation for Joint Legal and Physical Custody and finding that the Parents' agreement invokes the presumption under Cal. Fam. Code section 3080, and that the proposed arrangement 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. Joint legal and physical custody is awarded as set forth above, effective [__/__/____].

The Court has reviewed the stipulation for compliance with:
☐ Cal. Fam. Code § 3083 (specification of consent requirements for joint legal custody)
☐ Cal. Fam. Code § 3084 (specification of physical custody rights)
☐ Cal. Fam. Code § 3044 (domestic violence screening)

Date: [__/__/____]

_________________________________
Judge of the Superior Court
County of [________________________________]


Sources and References

California Family Code — Joint Custody Provisions

Key Case Law

  • Montenegro v. Diaz (2001) 26 Cal.4th 249 — Changed circumstances standard for modification
  • In re Marriage of Burgess (1996) 13 Cal.4th 25 — Move-away standard
  • In re Marriage of LaMusga (2004) 32 Cal.4th 1072 — Move-away detriment analysis for joint custody

Judicial Council Forms

Additional Resources


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

Ezel AI
Hi! Want this done for you? Tell me your situation and I'll fill in every section and tailor it to your state.
You get the finished Word & PDF in about 5 minutes. $49 for this document, or $249/mo for ongoing access. Want me to start?
AI Legal Assistant
Ezel AI
Hi! Want this done for you? Tell me your situation and I'll fill in every section and tailor it to your state.
You get the finished Word & PDF in about 5 minutes. $49 for this document, or $249/mo for ongoing access. Want me to start?

Insert Image

Insert Table

Watch Ezel in action (sample case)

All changes saved
Save
Export
Export as DOCX
Export as PDF
Generating PDF...
joint_custody_agreement_ca.pdf
Ready to export as PDF or Word
AI is editing...
Chat
Review

Get your finished document

Filled in for your situation and ready to download as Word & PDF. Drafting from scratch takes hours; finish yours in about 5 minutes for $49.

  • Deep Legal Knowledge
    Understands case law, statutes, and legal doctrine specific to California.
  • Court-Ready Formatting
    Proper captions, certificates of service, and local rule compliance.
  • AI-Powered Editing on Your Timeline
    Edit as many times as you need. Tailor every section to your specific case.
  • Export as PDF & Word
    Download your finished document in professional PDF or DOCX format, ready to file or send.
Secure checkout via Stripe
Need to customize this document?

About This Template

Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: April 2026

Get your California Joint Custody Agreement, done and ready to use

Fill it in for your situation, adjust it for your state, and download the finished Word and PDF. Let the AI do it in about 5 minutes, or finish it yourself in the editor. Drafting this from scratch takes hours. Finish yours in about 5 minutes for $49, one time.