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California Parenting Plan - Free Editor

CALIFORNIA PARENTING PLAN

(Custody and Visitation/Parenting Time Agreement)

[// GUIDANCE: This California-specific parenting plan template is designed for use in dissolution, legal separation, or parentage proceedings under the California Family Code. It incorporates the statutory framework of Cal. Fam. Code §§ 3000–3465 and addresses all major areas of co-parenting after separation. This plan may be submitted alongside Judicial Council Forms FL-311 (application) and FL-341 (order). Practitioners should review current local court rules for the county of filing, as procedures vary by county.]

Case Information and Parties
California Statutory Framework and Definitions
Legal Custody Designation
Physical Custody and Parenting Time Schedule
Holiday and School Break Schedule
Summer Vacation and Extended Parenting Time
Transportation and Exchange Arrangements
Right of First Refusal
Decision-Making Authority
Communication Between Parents
Communication with Children
Access to Records and Information
Child-Rearing Provisions
Relocation / Move-Away Provisions
Domestic Violence Provisions (Cal. Fam. Code § 3044)
Child's Preference (Cal. Fam. Code § 3042)
Dispute Resolution
Child Support Cross-Reference
Tax Considerations
Travel and Passport Provisions
Digital Communication and Social Media
Child Abduction Prevention
UCCJEA Jurisdiction Provisions
Modification and Review
General Provisions
Execution Block
Court Approval
Sources and References

1. CASE INFORMATION AND PARTIES

1.1 Court Information

Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Department: [________________________________]

1.2 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.: [________________________________]

1.3 Minor Child(ren)

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

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

1.4 Nature of Proceeding

This Parenting Plan ("Plan") 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.)
☐ Modification of Existing Custody Order (Case No. [________________________________])
☐ Domestic Violence Proceeding (Cal. Fam. Code § 6200 et seq.)
☐ Other: [________________________________]

1.5 Effective Date

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

1.6 Purpose and Guiding Principles

[// GUIDANCE: Cal. Fam. Code § 3020 declares that California's policy is to ensure children have frequent and continuing contact with both parents and to encourage parents to share parenting rights and responsibilities, except where such contact would not be in the child's best interest. Incorporate this policy language here.]

A. Purpose. This Plan establishes a comprehensive framework for co-parenting that serves the best interests of the Children as required by Cal. Fam. Code § 3011, prioritizing the health, safety, and welfare of each Child while ensuring frequent and continuing contact with both Parents consistent with the policy declared in Cal. Fam. Code § 3020.

B. Guiding Principles. The Parents agree to the following principles, consistent with California law:

(i) The health, safety, and welfare of the Children shall be the primary concern in all decisions. (Cal. Fam. Code § 3020(a).)

(ii) The Children shall have frequent and continuing contact with both Parents, except where such contact would be contrary to the Children's best interests. (Cal. Fam. Code § 3020(b).)

(iii) Parents shall share the rights and responsibilities of child-rearing to the greatest extent consistent with the Children's well-being. (Cal. Fam. Code § 3020(b).)

(iv) The Parents shall cooperate, communicate respectfully, and resolve conflicts constructively.

(v) Neither Parent shall denigrate the other in the presence of the Children or involve the Children in parental conflict.

(vi) 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).)

(vii) Consistency, stability, and predictability serve the Children's welfare.

1.7 Recitals

A. Both Parents are the legal parents of the Children identified in Section 1.3.

B. Both Parents desire to establish clear, detailed parenting arrangements that serve the Children's best interests under Cal. Fam. Code § 3011.

C. Both Parents are committed to effective co-parenting and shielding the Children from parental conflict.

D. This Plan is entered into voluntarily, or as ordered by the Court, and is designed to meet the Children's current developmental needs, subject to periodic review.

E. Both Parents acknowledge that this Plan is subject to the continuing jurisdiction of the Superior Court of California.

2. CALIFORNIA STATUTORY FRAMEWORK AND DEFINITIONS

[// GUIDANCE: California law provides specific statutory definitions for custody terms. Using the correct definitions ensures the Plan is enforceable and consistent with court orders. The definitions below are drawn directly from Cal. Fam. Code §§ 3002–3007.]

2.1 Statutory Definitions

"Joint Legal Custody" means that both Parents shall share the right and responsibility to make the decisions relating to the health, education, and welfare of a Child. (Cal. Fam. Code § 3003.)

"Joint Physical Custody" means that each of the Parents shall have significant periods of physical custody. Joint physical custody shall be shared by the Parents in such a way so as to assure a Child of frequent and continuing contact with both Parents, subject to Cal. Fam. Code §§ 3011 and 3020. (Cal. Fam. Code § 3004.)

"Sole Legal Custody" means that one Parent shall have the right and responsibility to make the decisions relating to the health, education, and welfare of a Child. (Cal. Fam. Code § 3006.)

"Sole Physical Custody" means that a Child shall reside with and be under the supervision of one Parent, subject to the power of the court to order visitation. (Cal. Fam. Code § 3007.)

"Visitation" / "Parenting Time" means the time a non-custodial Parent or other authorized person spends with the Child as ordered by the court. (Cal. Fam. Code § 3100.)

2.2 Additional Definitions for This Plan

"Best Interests of the Child" means the standard set forth in Cal. Fam. Code § 3011, requiring consideration of: (a) the health, safety, and welfare of the Child; (b) any history of abuse by one parent against any child, the other parent, or any other specified person; (c) the nature and amount of contact with both Parents; and (d) the habitual or continual illegal use of controlled substances, habitual or continual abuse of alcohol, or habitual or continual abuse of prescribed controlled substances by either Parent.

"Major Decisions" means significant decisions concerning the Children's health, education, and welfare, including but not limited to: school selection and enrollment; non-emergency medical and dental care; mental health treatment; religious upbringing; extracurricular activities involving substantial cost or time commitment; and international travel.

"Routine Decisions" means day-to-day decisions regarding the Children's care, including meals, bedtime, homework, hygiene, social activities, and minor discipline, made by the Parent exercising parenting time.

"Primary Residence" means the address designated for school enrollment and correspondence purposes: [________________________________]. ☐ The Children have dual residences.

"Exchange" or "Transfer" means the transition of the Children from one Parent's care to the other Parent's care.

"Child-Related Expenses" means costs related to the Children's upbringing beyond basic child support, including education, extracurricular activities, childcare, and unreimbursed medical expenses.

3. LEGAL CUSTODY DESIGNATION

[// GUIDANCE: Under Cal. Fam. Code § 3080, there is a presumption that joint custody is in the best interest of the child when both parents agree to it. Under Cal. Fam. Code § 3040, the court establishes no preference between joint legal, joint physical, or sole custody absent parental agreement; custody shall be awarded in the best interest of the child per § 3011. If domestic violence findings exist, Cal. Fam. Code § 3044 creates a rebuttable presumption against awarding custody to the perpetrator.]

3.1 Legal Custody Award

The Parents agree, and/or the Court orders, the following legal custody arrangement:

☐ Joint Legal Custody — Both Parents shall share the right and responsibility to make Major Decisions relating to the health, education, and welfare of each Child, as defined by Cal. Fam. Code § 3003. Major Decisions shall be made by mutual agreement after good-faith consultation as required by Cal. Fam. Code § 3083. (See Section 9 for decision-making procedures.)

☐ Sole Legal Custody to Parent A — Parent A shall have the exclusive right and responsibility to make Major Decisions, as defined by Cal. Fam. Code § 3006. Parent A ☐ shall / ☐ is encouraged to consult with Parent B before making Major Decisions, but Parent A retains final authority.

☐ Sole Legal Custody to Parent B — Parent B shall have the exclusive right and responsibility to make Major Decisions, as defined by Cal. Fam. Code § 3006. Parent B ☐ shall / ☐ is encouraged to consult with Parent A before making Major Decisions, but Parent B retains final authority.

3.2 Basis for Legal Custody Determination

The legal custody arrangement selected above is based on the following:

☐ Mutual agreement of the Parents, giving rise to the presumption under Cal. Fam. Code § 3080 that joint custody is in the best interest of the Children.

☐ Court determination following evaluation of best-interest factors under Cal. Fam. Code § 3011.

☐ Domestic violence findings under Cal. Fam. Code § 3044 (see Section 15 of this Plan).

☐ Other: [________________________________]

4. PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

4.1 Physical Custody Designation

☐ Joint Physical Custody — Each Parent shall have significant periods of physical custody, assuring the Children of frequent and continuing contact with both Parents. (Cal. Fam. Code § 3004.)

☐ Primary Physical Custody to Parent A — Parent A shall be the primary custodial parent. Parent B shall have parenting time as set forth below.

☐ Primary Physical Custody to Parent B — Parent B shall be the primary custodial parent. Parent A shall have parenting time as set forth below.

☐ Sole Physical Custody to Parent A / Parent B — [________________________________] shall have sole physical custody. The other Parent shall have ☐ supervised / ☐ unsupervised visitation as set forth below. (Cal. Fam. Code § 3007.)

4.2 Regular Parenting Time Schedule (School Year)

[// GUIDANCE: Select one of the common schedule options below or specify a custom schedule. The schedule should reflect the Children's ages, school schedules, Parents' work schedules, and geographic proximity. California courts prefer schedules that maximize each Parent's time with the Children consistent with the children's best interests. Note that California school districts typically follow the traditional calendar (August/September through May/June).]

Select Schedule:

☐ Option A: Alternating Weeks (Week On / Week Off)
- Parent A: Children reside with Parent A for seven (7) consecutive days, from [____] at [____] AM/PM to [____] at [____] AM/PM.
- Parent B: Children reside with Parent B the following week on the same schedule.
- Exchanges occur at: ☐ school / ☐ [________________________________]

☐ Option B: 2-2-3 Rotating Schedule
- Monday and Tuesday: Parent A
- Wednesday and Thursday: Parent B
- Friday through Sunday: Alternating (Parent A on Week 1; Parent B on Week 2)
- All transitions occur at: ☐ school drop-off / ☐ [____] AM/PM at [________________________________]

☐ Option C: 5-2-2-5 Schedule
- Monday and Tuesday: Always with Parent A
- Wednesday and Thursday: Always with Parent B
- Friday through Sunday: Alternating (Parent A on Week 1; Parent B on Week 2)
- All transitions occur at: ☐ school drop-off / ☐ [____] AM/PM at [________________________________]

☐ Option D: Alternating Weekends Plus Midweek Visit
- 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 (☐ overnight / ☐ dinner visit only)

☐ Option E: Every Other Weekend (Standard Visitation)
- Primary Parent ([________________________________]): Weekdays and alternate weekends
- Other Parent ([________________________________]):
- Alternating weekends: Friday at [____] PM to Sunday at [____] PM
- ☐ Additional midweek dinner visit: [________________________________] from [____] PM to [____] PM

☐ Option F: Custom Schedule

Parent A's Parenting Time:
[________________________________]
[________________________________]
[________________________________]

Parent B's Parenting Time:
[________________________________]
[________________________________]
[________________________________]

4.3 Non-School Day Schedule

On days when school is not in session (teacher workdays, in-service days, school holidays not covered by the holiday schedule below), the regular parenting time schedule shall apply with the following modifications:

☐ No modifications; the regular schedule applies.
☐ Exchanges that normally occur at school shall instead occur at [________________________________] at [____] AM/PM.
☐ The non-school day schedule shall be: [________________________________]

4.4 Age-Specific Provisions

[// GUIDANCE: California courts recognize that parenting schedules should be tailored to the child's developmental stage. Very young children may need shorter, more frequent transitions. Older teenagers may have schedules that accommodate their social and academic activities. Specify any age-specific modifications here.]

A. Infants and Toddlers (Ages 0–3):

☐ Not applicable (no Children in this age group).

☐ The following modified schedule applies for [________________________________] (Child's name), born [__/__/____]:
[________________________________]
[________________________________]

☐ Breastfeeding accommodations: [________________________________]

B. School-Age Children (Ages 4–12):

☐ The standard parenting time schedule in Section 4.2 applies.
☐ Additional provisions: [________________________________]

C. Teenagers (Ages 13–17):

☐ The standard parenting time schedule in Section 4.2 applies.
☐ The following flexibility provisions apply to accommodate age-appropriate activities, employment, social commitments, and academic demands:
[________________________________]
[________________________________]

☐ The child's reasonable preferences regarding schedule shall be given consideration consistent with Cal. Fam. Code § 3042 (see Section 16).

5. HOLIDAY AND SCHOOL BREAK SCHEDULE

[// GUIDANCE: The holiday schedule below is specific to the California public school calendar. California school districts generally observe the holidays listed below, though exact dates vary by district. This schedule supersedes the regular parenting time schedule. Practitioners should cross-reference with Judicial Council Form FL-341(C) (Children's Holiday Schedule Attachment).]

5.1 General Rule

The holiday and school break schedule shall take priority over the regular parenting time schedule. Unless otherwise specified below, all holiday periods begin and end at the times indicated. If a holiday falls on a day adjacent to a Parent's regularly scheduled time, the holiday schedule controls.

5.2 Holiday Rotation Schedule

Holiday / Occasion	Even Years	Odd Years	Period
New Year's Day	Parent A	Parent B	December 31 at 10:00 AM through January 1 at 6:00 PM
Martin Luther King Jr. Day Weekend	Parent B	Parent A	Friday at 6:00 PM through Monday at 6:00 PM
Presidents' Day Weekend	Parent A	Parent B	Friday at 6:00 PM through Monday at 6:00 PM
César Chávez Day (March 31)	Parent B	Parent A	Day of, 9:00 AM to 6:00 PM
Spring Break (Full Week)	Parent A	Parent B	Saturday before break at 9:00 AM through Saturday after break at 6:00 PM
Easter / Passover Weekend	Parent B	Parent A	Friday at 6:00 PM through Sunday at 7:00 PM
Memorial Day Weekend	Parent A	Parent B	Friday at 6:00 PM through Monday at 6:00 PM
Independence Day	Parent B	Parent A	July 3 at 9:00 AM through July 5 at 6:00 PM
Labor Day Weekend	Parent A	Parent B	Friday at 6:00 PM through Monday at 6:00 PM
Indigenous Peoples' Day	Parent B	Parent A	Friday at 6:00 PM through Monday at 6:00 PM
Halloween (October 31)	Parent A	Parent B	4:00 PM through 9:00 PM
Veterans Day (November 11)	Parent B	Parent A	Day of, 9:00 AM to 6:00 PM
Thanksgiving Break	Parent A	Parent B	Wednesday at 6:00 PM through Sunday at 6:00 PM
Winter Break — First Half	Parent B	Parent A	Last day of school at dismissal through December 25 at 2:00 PM
Winter Break — Second Half	Parent A	Parent B	December 25 at 2:00 PM through January [____] at 6:00 PM (day before school resumes)
Christmas Eve (Dec. 24)	Parent B	Parent A	10:00 AM through 8:00 PM
Christmas Day (Dec. 25)	Parent A	Parent B	10:00 AM through 8:00 PM
Mother's Day	Mother (every year)	Mother (every year)	Saturday at 9:00 AM through Sunday at 7:00 PM
Father's Day	Father (every year)	Father (every year)	Saturday at 9:00 AM through Sunday at 7:00 PM
Child's Birthday	See Section 5.3	See Section 5.3	See Section 5.3
Parent A's Birthday	Parent A (every year)	Parent A (every year)	[____] AM/PM to [____] AM/PM
Parent B's Birthday	Parent B (every year)	Parent B (every year)	[____] AM/PM to [____] AM/PM

5.3 Children's Birthdays

☐ Option A — Shared Celebration: Both Parents may attend a shared birthday celebration for each Child. The Child shall spend the remainder of the birthday with the Parent who has custody under the regular schedule.

☐ Option B — Alternating Years: Parent A shall have the Children on their birthdays in even years; Parent B in odd years. The non-custodial Parent may have a separate celebration on their next scheduled parenting time.

☐ Option C — Time with Non-Scheduled Parent: If a Child's birthday falls during the other Parent's parenting time, the non-scheduled Parent shall have the Child from [____] PM to [____] PM on the birthday.

☐ Option D — Custom: [________________________________]

5.4 Religious and Cultural Holidays

[// GUIDANCE: California courts respect the religious and cultural observances of both Parents. Specify any religious or cultural holidays important to the family (e.g., Hanukkah, Eid al-Fitr, Eid al-Adha, Diwali, Lunar New Year, Rosh Hashanah, Yom Kippur, Kwanzaa). Include specific dates and times.]

☐ Not applicable.

☐ The following religious or cultural holidays shall be observed:

Holiday	Parent	Period
[________________________________]	[________________________________]	[________________________________]
[________________________________]	[________________________________]	[________________________________]
[________________________________]	[________________________________]	[________________________________]

5.5 Three-Day Weekends and School Holidays

When a holiday creates a three-day weekend and is not otherwise addressed in Section 5.2, the three-day weekend shall be:

☐ Assigned to the Parent who has the preceding weekend under the regular schedule.
☐ Alternated between Parents on a yearly basis.
☐ Split, with the extra day going to [________________________________].

6. SUMMER VACATION AND EXTENDED PARENTING TIME

6.1 Summer Schedule

[// GUIDANCE: California public schools typically have summer break from approximately mid-June through mid-August, though year-round and modified-calendar schools differ. Specify the applicable summer period for the Children's school district.]

Summer break period: Approximately [________________________________] through [________________________________] each year.

☐ Option A — Regular Schedule Continues: The regular parenting time schedule continues during summer.

☐ Option B — Equal Split: Summer break shall be divided equally between the Parents in alternating blocks of [________________________________] weeks.

☐ Option C — Extended Blocks: Each Parent shall have the following extended summer parenting time:
- Parent A: [________________________________]
- Parent B: [________________________________]

☐ Option D — Custom Summer Schedule:
[________________________________]
[________________________________]

6.2 Summer Vacation Trips

Each Parent may exercise up to [________________________________] weeks of uninterrupted vacation time with the Children during summer, subject to the following:

(a) Written notice of vacation dates shall be provided to the other Parent by May 1 of each year.

(b) If both Parents request overlapping dates, Parent A shall have first choice in even years and Parent B in odd years.

(d) The vacationing Parent shall provide the other Parent with: destination, lodging address and telephone number, itinerary, and return date.

(e) The non-vacationing Parent shall have ☐ daily / ☐ every-other-day telephone or video contact with the Children at a mutually agreed time, for a duration of approximately [____] minutes.

(f) If a Parent does not exercise vacation time by July 15, the right is waived for that year.

6.3 Extended Weekend and School Break Parenting Time

During school breaks (other than summer and holidays addressed above), the regular schedule shall apply unless the Parents agree otherwise. Either Parent may request an extended weekend or break period by providing written notice at least fourteen (14) days in advance.

7. TRANSPORTATION AND EXCHANGE ARRANGEMENTS

7.1 Exchange Location

☐ At the Children's school — On school days, the Parent beginning parenting time shall pick up the Children from school or after-school care. The Parent ending parenting time shall ensure the Children arrive at school on time.

☐ At the Parents' respective residences — The ☐ receiving / ☐ delivering Parent shall transport the Children.

☐ At a neutral public location: [________________________________]

☐ At the following designated location(s):
- School days: [________________________________]
- Non-school days: [________________________________]
- Holidays: [________________________________]

7.2 Transportation Responsibility

☐ The Parent beginning parenting time shall pick up the Children ("receiving Parent picks up").
☐ The Parent ending parenting time shall deliver the Children ("delivering Parent drops off").
☐ Parents shall share transportation equally by: [________________________________]
☐ Other arrangement: [________________________________]

7.3 Transportation Costs

☐ Each Parent shall bear their own transportation costs.
☐ Transportation costs shall be shared equally.
☐ Transportation costs shall be shared proportionally: Parent A [____]% / Parent B [____]%.
☐ Other: [________________________________]

7.4 Exchange Conduct

(a) Both Parents shall be punctual for exchanges. If a Parent will be more than fifteen (15) minutes late, that Parent shall immediately notify the other Parent.

(b) If a Parent fails to appear within thirty (30) minutes of the scheduled exchange time without advance notice, the waiting Parent may consider the parenting time forfeited for that period.

(c) Chronic lateness (more than three (3) instances in a sixty (60)-day period without reasonable cause) constitutes a material breach of this Plan.

(d) All exchanges shall be conducted in a respectful, courteous, and child-focused manner. Parents shall not argue, raise their voices, or discuss contentious matters during exchanges.

(e) The Children shall be ready at the scheduled exchange time with all necessary belongings, medications, and school materials.

(f) ☐ If a protective order is in effect, exchanges shall be conducted through a third party or at a supervised location as specified in the order.

7.5 Children's Belongings

(a) Sufficient clean, weather-appropriate clothing shall accompany the Children for the duration of the parenting time period.

(b) Comfort items (favorite toys, blankets, stuffed animals) for young children, school materials (backpacks, homework, textbooks), medications, and special equipment (sports gear, musical instruments) shall travel with the Children as needed.

(d) Neither Parent shall withhold the Children's belongings as a means of conflict or punishment.

(e) Each Parent shall maintain age-appropriate clothing, toiletries, and basic supplies at their home.

8. RIGHT OF FIRST REFUSAL

[// GUIDANCE: California law does not mandate a right of first refusal, but it is commonly included in parenting plans. This provision ensures that when a Parent is unavailable during their parenting time, the other Parent has the opportunity to care for the Children before a third-party caregiver is retained.]

8.1 Right of First Refusal

☐ Right of first refusal applies. If a Parent will be away from 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.

☐ Right of first refusal does not apply. Each Parent may arrange childcare as needed during their parenting time.

8.2 Procedure (If Right of First Refusal Applies)

(a) The requesting Parent shall notify the other Parent as soon as reasonably possible, but no less than [________________________________] hours in advance (except in emergencies), of the need for childcare and the anticipated duration.

(b) The other Parent shall respond within [________________________________] hours of receiving the request. If the other Parent does not respond within that time, the offer is deemed declined.

(c) If the other Parent accepts, the exchange shall occur at [________________________________] or a mutually agreed location.

(d) If the other Parent declines or is unavailable, the requesting Parent may arrange alternative childcare.

(e) The following exceptions apply — the right of first refusal does not apply when the Children are in the care of:
☐ A grandparent or specified relative: [________________________________]
☐ A regular, pre-approved childcare provider or babysitter
☐ A school-related activity, camp, or organized program
☐ Other: [________________________________]

9. DECISION-MAKING AUTHORITY

[// GUIDANCE: Under Cal. Fam. Code § 3083, when joint legal custody is ordered, the Parents shall share the right and responsibility to make major decisions. The court may specify that one parent has authority to make specified decisions in specified areas. Under Cal. Fam. Code § 3003, joint legal custody means both Parents share in decisions regarding health, education, and welfare.]

9.1 Day-to-Day Decisions

Each Parent shall have sole authority to make routine, day-to-day decisions while the Children are in that Parent's care, including daily schedules, meals, bedtime, homework supervision, hygiene, social activities, and minor discipline.

9.2 Major Decisions — Education

(a) Joint Decision: ☐ Both Parents shall jointly decide the following:
- School selection and enrollment (public, private, charter, homeschool, magnet)
- Changes in schools or school districts
- Special education services, Individualized Education Programs (IEPs), Section 504 plans
- Tutoring, remedial services, or educational testing
- Gifted and talented programs, grade acceleration or retention
- College selection and applications (for older Children)

(b) Sole Decision by [________________________________]: ☐ The designated Parent shall have final decision-making authority for education matters after good-faith consultation with the other Parent.

Process: Either Parent may initiate discussion of an education decision. Parents shall exchange relevant information, discuss options, and attempt to reach consensus. Both Parents are entitled to attend school conferences, IEP meetings, and school events. If no agreement is reached within [____] days, the Parents shall proceed to dispute resolution under Section 17.

9.3 Major Decisions — Healthcare

(a) Joint Decision: ☐ Both Parents shall jointly decide the following:
- Selection of primary care physician, dentist, and specialists
- Non-emergency medical and surgical procedures
- Ongoing or long-term medications
- Mental health treatment (therapy, counseling, psychiatric care)
- Elective procedures (orthodontics, elective surgery)
- Alternative or complementary medical treatments
- Vaccinations (beyond routine schedule)

(b) Sole Decision by [________________________________]: ☐ The designated Parent shall have final decision-making authority for healthcare matters after good-faith consultation with the other Parent.

Emergency Medical Care: Either Parent may authorize emergency medical treatment when the Children are in that Parent's care. The treating Parent shall notify the other Parent immediately or as soon as practicable. An "emergency" is a condition requiring immediate attention to prevent serious bodily harm.

Routine Medical Care: Scheduled check-ups, immunizations pursuant to the CDC-recommended schedule, and treatment of minor illnesses during a Parent's parenting time do not require advance consultation, but the other Parent shall be informed promptly.

Process: Either Parent may schedule medical appointments. Both Parents shall have access to medical providers and records. For major healthcare decisions, both Parents shall consult and endeavor to agree. If no agreement is reached within [____] days (or sooner if medically necessary), the Parents shall proceed to dispute resolution under Section 17.

9.4 Major Decisions — Religious Upbringing

☐ Option A — Specified Religion: The Children shall be raised in the [________________________________] faith tradition. Both Parents shall support this upbringing and cooperate regarding religious education, ceremonies, and observances.

☐ Option B — Each Parent's Discretion During Their Time: Each Parent may expose the Children to their own religious beliefs and practices during that Parent's parenting time. Neither Parent shall denigrate the other's faith. Major religious ceremonies (baptism, confirmation, bar/bat mitzvah, first communion, etc.) require mutual agreement.

☐ Option C — No Formal Religious Instruction: The Parents shall not enroll the Children in formal religious education programs without mutual agreement.

☐ Option D — Custom: [________________________________]

9.5 Major Decisions — Extracurricular Activities

(a) Both Parents shall consult before enrolling the Children in new extracurricular activities involving a cost exceeding $[________________________________] per activity per season or a time commitment exceeding [________________________________] hours per week.

(b) Factors to consider include the Child's interest and aptitude, time commitment, impact on both Parents' parenting time, cost, and family time.

(c) Once enrolled, both Parents shall cooperate to transport the Children to activities and attend performances, games, and events.

(d) Activities the Children are currently participating in shall continue unless both Parents agree to discontinue or good cause exists (the Child's lack of interest, scheduling conflicts, financial hardship).

9.6 Impasse Resolution for Major Decisions

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

(a) The matter shall first be submitted to mediation pursuant to Section 17.2.

(b) If mediation is unsuccessful, either Parent may seek a court determination.

(c) ☐ In the interim, the following default applies: [________________________________] shall have temporary decision-making authority to prevent harm or prejudice to the Children, provided such authority is exercised in good faith.

10. COMMUNICATION BETWEEN PARENTS

10.1 Method of Communication

Parents shall communicate about the Children primarily through:

☐ A court-approved co-parenting application (e.g., OurFamilyWizard, Talking Parents, AppClose)
☐ Email
☐ Text message
☐ Other: [________________________________]

[// GUIDANCE: California courts increasingly order the use of co-parenting applications, particularly in high-conflict cases. These applications create an unalterable record of communications that can be reviewed by the court, mediators, and attorneys.]

10.2 Standards for Communication

(a) All communications shall be respectful, child-focused, and business-like.

(b) Parents shall refrain from inflammatory language, personal insults, sarcasm, or discussion of their past relationship.

(c) Each Parent shall respond to communications regarding the Children within [________________________________] hours (recommended: 24 hours for routine matters; 2 hours for urgent matters).

(d) Communications shall be limited to topics concerning the Children's health, education, welfare, scheduling, logistics, and activities.

10.3 Prohibited Communications

(a) Neither Parent shall use the Children as messengers between the Parents.

(b) Neither Parent shall interrogate the Children about the other Parent's household, activities, relationships, or finances.

(c) Neither Parent shall record telephone or video communications with the Children without the other Parent's knowledge (subject to applicable California law).

11. COMMUNICATION WITH CHILDREN

11.1 Telephone and Video Contact

(a) The Parent not currently exercising parenting time may have ☐ daily / ☐ every-other-day telephone or video contact with the Children at approximately [________________________________] for a duration of approximately [________________________________] minutes, or at another mutually convenient time.

(b) Children may initiate contact with either Parent at any reasonable time, and such contact shall be facilitated by the Parent in possession.

11.2 Facilitating Contact

The Parent exercising parenting time shall:

(a) Ensure the Children are available at the scheduled communication time.

(b) Provide a private, comfortable space for the conversation.

(d) Not monitor, listen to, record, or interfere with the conversation.

(e) Encourage the Children to participate willingly (but not force participation if the Child is unwilling).

11.3 Standards for Calling Parent

The calling Parent shall:

(a) Call at the agreed-upon times and keep calls reasonably brief.

(b) Not interrogate the Children about the other Parent's household.

(d) Not call at unreasonable hours.

11.4 Older Children's Personal Devices

If the Children have their own mobile phones or devices, either Parent may contact the Children directly. Neither Parent shall monitor, restrict, or punish such contact except for reasonable screen-time management and age-appropriate safety measures.

12. ACCESS TO RECORDS AND INFORMATION

12.1 Equal Access

Both Parents shall have direct, independent access to all records and information pertaining to the Children, including but not limited to:

(a) Educational Records: School records, online portals, report cards, progress reports, teacher communications, IEPs, and Section 504 plans.

(b) Medical Records: Medical, dental, vision, and mental health records; prescription information; and treatment plans.

(c) Extracurricular Records: Schedules, rosters, and communications from coaches, instructors, and activity coordinators.

12.2 Information Sharing Between Parents

Each Parent shall promptly provide the other with:

(a) Report cards, progress reports, and school communications.

(b) Medical reports, test results, diagnoses, and treatment plans.

(d) Extracurricular schedules, event notices, and team communications.

(e) Any emergency or significant incident involving the Children.

12.3 Direct Contact Information

Each Parent shall ensure that the other Parent's name, address, telephone number, and email are provided to the Children's schools, healthcare providers, and activity coordinators, so that both Parents receive direct communications.

12.4 Notice of Significant Events

Each Parent shall notify the other Parent within twenty-four (24) hours of:

(a) Serious illness, injury, or hospitalization.

(b) Emergency room visits.

(d) Accidents or injuries.

(e) Significant changes in the Children's emotional state or behavior.

(f) Changes in the Parent's address, telephone number, email, or employment.

(g) Introduction of a new romantic partner to the Children (see Section 13.3).

(h) Any incident involving law enforcement, Child Protective Services (CPS), or other protective services agencies.

13. CHILD-REARING PROVISIONS

13.1 Consistency in Parenting

While each household may have different routines, the Parents shall strive for consistency in: bedtimes and sleep schedules; homework expectations; screen-time rules; discipline approaches; healthy eating habits; and important rules and values.

13.2 Discipline

(a) Discipline shall be age-appropriate and may include time-outs, loss of privileges, natural consequences, and verbal correction.

(b) Prohibited discipline: Neither Parent shall use any form of physical punishment, emotional abuse, degradation, or deprivation of necessities (food, shelter, medical care) as discipline. Neither Parent shall use threats of abandonment or separation from the other Parent as discipline.

13.3 Introduction of New Partners

☐ Option A: Neither Parent shall introduce a romantic partner to the Children until the relationship has been exclusive for at least [________________________________] months, and the introducing Parent shall provide the other Parent with at least [________________________________] days' advance written notice, including the partner's full legal name.

☐ Option B: Each Parent may introduce a romantic partner to the Children at the Parent's discretion, but shall provide the other Parent with advance notice and the partner's full legal name.

☐ Option C: Custom: [________________________________]

Overnight Guests: ☐ A romantic partner shall not stay overnight while the Children are present until [________________________________]. / ☐ No restriction, subject to the Children's comfort and well-being.

13.4 Substance Use

(a) Neither Parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within twelve (12) hours before parenting time begins.

(b) Neither Parent shall expose the Children to illegal drug use.

(d) Neither Parent shall smoke tobacco or use e-cigarettes or vaping products in the presence of the Children or in enclosed spaces where the Children will be present.

13.5 Firearms Safety

All firearms in either Parent's home shall be stored unloaded, in a locked container or safe, with ammunition stored separately, and inaccessible to the Children. Each Parent shall comply with all applicable California firearms safety laws (Cal. Penal Code §§ 25100–25140, child access prevention).

13.6 Parental Alienation Prohibited

Neither Parent shall:

(a) Make negative, denigrating, or disparaging remarks about the other Parent in the Children's presence or hearing.

(b) Allow others (family members, friends, new partners) to disparage the other Parent in the Children's presence.

(d) Encourage the Children to disobey, disrespect, or reject the other Parent.

(e) Interfere with the Children's communications with the other Parent.

(f) Share age-inappropriate information about the divorce, separation, or court proceedings with the Children.

(g) Use the Children as messengers, intermediaries, spies, or mediators between the Parents.

13.7 Adult Issues

Parents shall not discuss with the Children or in the Children's hearing: court proceedings; child support or financial disputes; blame or fault for the separation; dating or intimate relationships; or other adult matters inappropriate for the Children's ages.

14. RELOCATION / MOVE-AWAY PROVISIONS

[// GUIDANCE: California move-away law is governed primarily by case law: In re Marriage of Burgess (1996) 13 Cal.4th 25 and In re Marriage of LaMusga (2004) 32 Cal.4th 1072. Under Burgess, a custodial parent has a presumptive right to relocate with the child in good faith, and the non-custodial parent bears the burden of showing detriment. Under LaMusga, the court must engage in a detailed factual analysis of the child's best interests. Where parents share joint physical custody, neither parent has a presumptive right to relocate; the burden rests on the relocating parent to show the move is in the child's best interest. Cal. Fam. Code § 3024 requires 45 days' written notice before a change of residence.]

14.1 Notice of Proposed Relocation

(a) Pursuant to Cal. Fam. Code § 3024, a Parent proposing to change the residence of the Children shall provide written notice to the other Parent at least forty-five (45) days before the proposed change, or within thirty (30) days of learning of the need to move, whichever is earlier.

(b) The notice shall include:
- The proposed new address and telephone number
- The proposed date of the move
- The reason(s) for the relocation
- A proposed revised parenting plan that accommodates the new distance
- The Children's proposed new school, if applicable
- Any other information relevant to the Children's best interests

14.2 Geographic Restriction

☐ Option A: Neither Parent shall relocate the Children's primary residence outside [________________________________] County without the other Parent's prior written consent or a court order.

☐ Option B: Neither Parent shall relocate the Children's primary residence outside a [________________________________]-mile radius of [________________________________] without the other Parent's prior written consent or a court order.

☐ Option C: Neither Parent shall relocate the Children's primary residence outside the State of California without the other Parent's prior written consent or a court order. Relocation within California requires forty-five (45) days' written notice pursuant to Cal. Fam. Code § 3024.

☐ Option D: No geographic restriction, subject to the notice requirements of Cal. Fam. Code § 3024 and the move-away standards established by California case law.

14.3 Objection to Relocation

(a) The non-relocating Parent may object to the proposed relocation by providing written notice within thirty (30) days of receiving the relocation notice.

(b) If the non-relocating Parent objects, the Parents shall first attempt mediation pursuant to Section 17.2.

(c) If mediation is unsuccessful, either Parent may file a motion with the Court. The Court shall consider all relevant factors, including those identified in Marriage of LaMusga (2004) 32 Cal.4th 1072:

The Children's interest in stability and continuity in the custodial arrangement
The distance of the proposed move
The age of the Children
The Children's relationship with both Parents
The relationship between the Parents, including their ability to communicate and cooperate and their willingness to put the Children's interests above their own
The Children's wishes, considering their ages
The reasons for the proposed move
The extent to which the Parents currently are sharing custody
Whether the relocating Parent's move would be detrimental to the Children

(d) Under Marriage of Burgess (1996) 13 Cal.4th 25, where one Parent has primary physical custody, that Parent has a presumptive right to relocate in good faith, and the non-relocating Parent bears the initial burden of demonstrating that the move would cause detriment to the Children sufficient to warrant a change in custody. Where the Parents share joint physical custody, neither parent has a presumptive right and the relocating parent must affirmatively establish that the relocation is in the Children's best interests.

(e) Until the Court rules, the current parenting plan remains in effect and the relocation shall not proceed without court approval.

14.4 Modification Upon Relocation

If relocation is approved, the Parents shall modify this Plan to address: revised parenting time schedule; transportation and travel costs; communication and virtual visitation; and any other necessary adjustments.

15. DOMESTIC VIOLENCE PROVISIONS (CAL. FAM. CODE § 3044)

[// GUIDANCE: Cal. Fam. Code § 3044 establishes a rebuttable presumption that an award of sole or joint physical or legal custody to a person who has perpetrated domestic violence within the previous five years is detrimental to the child's best interest. This presumption may only be rebutted by a preponderance of the evidence. In In re Marriage of J.G. (2025), the Third District Court of Appeal reinforced that the presumption is mandatory and the trial court must make specific findings. Practitioners must address domestic violence issues thoroughly and ensure compliance with all applicable protective orders.]

15.1 Domestic Violence Findings

☐ No finding of domestic violence. There has been no finding by the Court that either Parent has perpetrated domestic violence. This Section 15 is included for informational purposes and applies if a finding is made in the future.

☐ Finding of domestic violence. The Court has found that [________________________________] (Parent A / Parent B) has perpetrated domestic violence against [________________________________] within the meaning of Cal. Fam. Code § 3044. The following additional provisions apply:

15.2 Rebuttable Presumption (Cal. Fam. Code § 3044)

(a) Where the Court finds that a Parent has perpetrated domestic violence within the previous five (5) years against the other Parent, the Children, or the Children's siblings, there is a rebuttable presumption that an award of sole or joint physical or legal custody to that Parent is detrimental to the Children's best interest.

(b) This presumption may only be rebutted by a preponderance of the evidence.

(c) In determining whether the presumption has been rebutted, the Court shall consider the factors set forth in Cal. Fam. Code § 3044(b), including but not limited to:

Whether the perpetrating Parent has successfully completed a batterer's intervention program
Whether the perpetrating Parent has successfully completed a program of alcohol or drug abuse counseling, if applicable
Whether the perpetrating Parent has successfully completed a parenting class, if applicable
Whether the perpetrating Parent is on probation or parole and has complied with the terms thereof
Whether the perpetrating Parent is subject to a restraining order and has complied with its terms
Whether the perpetrating Parent has committed any further acts of domestic violence
Whether the best interest of the child requires participation in a domestic violence victims' treatment program by the other party

(d) The Court shall not base its findings solely on conclusions reached by a child custody evaluator or on recommendations of Family Court Services staff but shall consider any relevant, admissible evidence submitted by the parties.

15.3 Additional Protective Provisions

Where domestic violence findings exist, the following shall apply:

(a) Supervised Visitation: The perpetrating Parent's parenting time shall be ☐ supervised / ☐ unsupervised, subject to the following conditions: [________________________________]

(b) Exchange Arrangements: Exchanges shall occur ☐ through a third party / ☐ at a supervised exchange location: [________________________________] / ☐ at a public location with no direct contact between the Parents.

(c) Mediation Protections: Pursuant to Cal. Fam. Code § 3181, the mediator shall meet with the parties separately and at separate times if there has been a history of domestic violence or if a protective order is in effect.

(d) Existing Protective Orders: The following protective orders are in effect and shall be fully complied with: [________________________________]

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

[// GUIDANCE: Under Cal. Fam. Code § 3042(a), if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider and give due weight to the child's wishes. Under § 3042(c), if the child is 14 years of age or older and wishes to address the court, the child shall be permitted to do so unless the court determines it is not in the child's best interest. Children under 14 may also address the court if the court determines it appropriate.]

16.1 Acknowledgment of Child's Right to Be Heard

(a) Both Parents acknowledge that under Cal. Fam. Code § 3042, the Court shall consider and give due weight to the wishes of a Child who is of sufficient age and capacity to reason and form an intelligent preference regarding custody or visitation.

(b) A Child who is fourteen (14) years of age or older shall be permitted to address the Court regarding custody or visitation, unless the Court determines that doing so is not in the Child's best interest.

(c) A Child under fourteen (14) years of age may address the Court if the Court determines it appropriate pursuant to the Child's best interest.

16.2 Parental Obligations

(a) Neither Parent shall coach, instruct, pressure, or improperly influence a Child regarding the Child's preference or testimony.

(b) Neither Parent shall discuss with a Child what the Child should or should not say to a judge, mediator, child custody evaluator, or minor's counsel.

(c) Both Parents shall cooperate with any court-appointed minor's counsel, child custody evaluator, or other professional appointed to ascertain the Child's wishes.

16.3 Evolving Preferences

As the Children mature, the Parents shall give increasing consideration to the Children's reasonable preferences regarding the parenting schedule, consistent with the Children's best interests. Significant schedule modifications based on a Child's preference should be formalized through an amendment to this Plan or a court order.

17. DISPUTE RESOLUTION

[// GUIDANCE: Under Cal. Fam. Code § 3170, when custody or visitation is contested, the court shall set the matter for mediation before a hearing. California requires mandatory mediation in contested custody and visitation matters. Unlike many other family law issues, custody disputes in California cannot be resolved through binding arbitration — the court retains ultimate authority over custody determinations. Parenting coordinators may assist with implementation disputes but cannot make binding custody decisions.]

17.1 Good-Faith Communication

Parents shall first attempt to resolve any disagreement through respectful, direct communication, keeping the Children's best interests paramount. The Parents shall allow a minimum of [________________________________] days to resolve disputes informally before escalating.

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

(a) If the Parents cannot resolve a custody or visitation dispute through direct communication, they shall participate in mediation before seeking court intervention, as required by Cal. Fam. Code § 3170.

(b) Mediator Selection:
☐ Court-connected Family Court Services / Child Custody Recommending Counseling (CCRC)
☐ Private mediator mutually agreed upon by the Parents
☐ Private mediator selected from the following panel: [________________________________]

(c) Mediation Costs:
☐ Court-connected mediation services (no cost or reduced cost through the court)
☐ Private mediation costs shared equally by the Parents
☐ Private mediation costs allocated: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

(d) Timeline: Mediation shall be scheduled within thirty (30) days of a written request by either Parent.

(e) Confidentiality: In counties using confidential mediation (non-recommending), statements made in mediation are confidential and not admissible in court. In counties using recommending mediation (CCRC), the mediator may make recommendations to the court if the Parents do not reach agreement. (Cal. Fam. Code § 3183.)

[// GUIDANCE: California's mediation process varies by county. Some counties (e.g., Los Angeles) use confidential, non-recommending mediation where the mediator does not report to the court. Other counties (e.g., Santa Clara, San Diego) use recommending counseling (CCRC) where the mediator may make a recommendation to the court if the parties do not agree. Practitioners must verify the applicable county's practice.]

(f) Domestic Violence Protections: In cases involving domestic violence, the protected party may request separate mediation sessions at separate times pursuant to Cal. Fam. Code § 3181.

17.3 Parenting Coordinator (Optional)

☐ The Parents agree to retain a parenting coordinator ("PC") — a neutral professional who shall assist in resolving day-to-day disputes regarding the implementation of this Plan.

PC Name (if known): [________________________________]
PC Authority: The PC may make recommendations but ☐ may / ☐ may not make temporary binding decisions regarding schedule implementation, subject to court review.
PC Costs: ☐ Shared equally / ☐ Allocated [____]% Parent A / [____]% Parent B.
Duration: The PC shall serve for a period of [________________________________], subject to renewal.

[// GUIDANCE: In California, a parenting coordinator cannot make binding decisions on custody or visitation — such authority rests solely with the court. A PC may assist with implementation disputes (e.g., exchange logistics, holiday scheduling conflicts) and make recommendations, but any party may bring unresolved disputes to the court.]

17.4 Court Intervention

If mediation and parenting coordination (if applicable) fail to resolve the dispute, either Parent may file a motion with the Court. The Court retains exclusive jurisdiction to interpret, enforce, and modify this Plan pursuant to Cal. Fam. Code § 3087.

17.5 Emergency Relief

Nothing in this dispute resolution section prevents a Parent from seeking immediate court intervention (ex parte application) in an emergency affecting the Children's health, safety, or welfare. An emergency includes, but is not limited to: risk of imminent physical harm; child abduction; substance abuse endangering the Children; or violation of a protective order.

17.6 Attorneys' Fees in Disputes

☐ Option A: Each Parent shall bear their own attorneys' fees and costs.

☐ Option B: In any court proceeding to enforce this Plan, the prevailing Parent may be awarded reasonable attorneys' fees and costs at the Court's discretion, taking into account each party's ability to pay. (Cal. Fam. Code § 271.)

☐ Option C: If a Parent's willful violation of this Plan necessitates court action, that Parent may be ordered to pay the other Parent's reasonable attorneys' fees and costs. (Cal. Fam. Code §§ 271, 2030.)

18. CHILD SUPPORT CROSS-REFERENCE

[// GUIDANCE: Child support in California is governed by the Statewide Uniform Guideline set forth in Cal. Fam. Code §§ 4050–4076. Child support calculations are based on a formula (Cal. Fam. Code § 4055) that considers each parent's net disposable income and the percentage of time each parent has physical custody of the children. The parenting time schedule in this Plan directly affects the child support calculation. Any modification of the parenting schedule may require a corresponding modification of child support.]

18.1 Child Support Order

☐ Child support is addressed in a separate Child Support Order, Case Number [________________________________], dated [__/__/____].

☐ Child support shall be calculated pursuant to the Statewide Uniform Guideline (Cal. Fam. Code §§ 4050–4076) and is set forth in the following order: [________________________________]

☐ The Parents stipulate to the following child support amount: $[________________________________] per month, payable by [________________________________] to [________________________________], through ☐ the California State Disbursement Unit (SDU) / ☐ direct payment.

18.2 Health Insurance

[________________________________] (Parent A / Parent B) shall maintain health, dental, and vision insurance for the Children through:

☐ Employer-provided plan
☐ Private insurance plan
☐ Covered California (Health Insurance Marketplace)
☐ Medi-Cal
☐ Other: [________________________________]

The insuring Parent shall provide the other Parent with insurance cards, policy information, and explanation of benefits for all claims.

18.3 Unreimbursed Medical Expenses

Medical, dental, vision, and mental health expenses not covered by insurance shall be divided:

Parent A: [____]%
Parent B: [____]%

The Parent incurring the expense shall provide documentation to the other Parent within thirty (30) days. The other Parent shall reimburse their share within thirty (30) days of receiving documentation.

18.4 Childcare Expenses

Work-related or education-related childcare expenses shall be:

☐ Shared equally
☐ Shared proportionally: Parent A [____]% / Parent B [____]%
☐ Borne by the Parent incurring the expense
☐ Addressed in the child support order

18.5 Extracurricular Activity Expenses

☐ Shared equally upon mutual agreement to enroll
☐ Shared proportionally: Parent A [____]% / Parent B [____]%
☐ Each Parent bears the cost of activities they unilaterally enroll the Children in
☐ Other: [________________________________]

18.6 Educational Expenses

Private school tuition (if applicable): [________________________________]
School supplies, fees, and lunches: [________________________________]
College savings contributions: [________________________________]

19. TAX CONSIDERATIONS

[// GUIDANCE: Under current federal tax law (Tax Cuts and Jobs Act of 2017), the dependency exemption is effectively zero through 2025, but the Child Tax Credit remains significant. For California state taxes, the dependency exemption still applies. The IRS Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent) may be required. Practitioners should verify current tax law.]

19.1 Federal Tax — Child Tax Credit and Dependency

☐ Option A — Alternating Years: Parent A shall claim the Child(ren) as dependent(s) in even-numbered tax years. Parent B shall claim the Child(ren) as dependent(s) in odd-numbered tax years.

☐ Option B — Split by Child: Parent A shall claim [________________________________] as dependent(s). Parent B shall claim [________________________________] as dependent(s).

☐ Option C — One Parent Claims All Years: [________________________________] shall claim all Children as dependents each year.

☐ Option D — Income-Based: The Parent with the higher adjusted gross income shall claim the Children as dependents.

☐ Option E — Custom: [________________________________]

19.2 California State Tax — Dependency Exemption

The California dependency exemption shall be claimed consistent with the federal arrangement above, unless otherwise specified: [________________________________]

19.3 Head of Household Filing Status

☐ Parent A shall claim head-of-household filing status.
☐ Parent B shall claim head-of-household filing status.
☐ The Parents shall alternate head-of-household status (Parent A in even years; Parent B in odd years).
☐ Each Parent shall consult with their own tax advisor.

19.4 IRS Form 8332

The Parent entitled to claim the Children shall provide the other Parent any necessary IRS Form 8332 (Release of Claim to Exemption) or its equivalent by [________________________________] of each year.

19.5 Tax-Related Cooperation

Both Parents shall cooperate in executing any documents necessary to effectuate the tax provisions of this Plan. Neither Parent shall claim credits or deductions inconsistent with this Plan.

20. TRAVEL AND PASSPORT PROVISIONS

20.1 Domestic Travel

Either Parent may travel with the Children within the United States during that Parent's scheduled parenting time without the other Parent's consent, provided the traveling Parent gives at least forty-eight (48) hours' advance written notice including: destination, lodging address, itinerary, and contact information.

20.2 International Travel

(a) International travel with the Children requires the prior written consent of the other Parent, provided at least thirty (30) days in advance. Consent shall not be unreasonably withheld.

(b) The traveling Parent shall provide:
- Complete itinerary with dates and locations
- Flight information
- Lodging addresses and telephone numbers
- Contact information for the traveling Parent at all times
- Expected return date and time

(d) Passport Possession:
☐ The Children's passports shall be held by [________________________________].
☐ The Children's passports shall be held by the Parent's attorney or a neutral third party: [________________________________].
☐ The Children's passports shall travel with the Children.

20.3 Travel Restrictions

☐ Neither Parent shall travel with the Children to the following countries: [________________________________].

☐ Travel to countries that are not signatories to the Hague Convention on International Child Abduction requires ☐ written consent of the other Parent / ☐ a court order.

☐ No travel restrictions beyond the notice requirements above.

20.4 Travel Consent Letters

Each Parent shall provide the other Parent with a notarized travel consent letter for international travel upon reasonable request. The non-traveling Parent shall execute such letter within ten (10) business days of the request.

21. DIGITAL COMMUNICATION AND SOCIAL MEDIA

21.1 Children's Devices

☐ The Children ☐ do / ☐ do not currently have personal mobile phones or electronic devices.

☐ The following devices are provided to the Children:

Child	Device	Provided By	Paid By
[________________________________]	[________________________________]	[________________________________]	[________________________________]
[________________________________]	[________________________________]	[________________________________]	[________________________________]

21.2 Social Media Accounts

☐ The Children are not permitted to have social media accounts at this time.

☐ The Children may have social media accounts on the following platforms: [________________________________], subject to:

(a) Both Parents shall have access to usernames and passwords.

(b) Privacy settings shall be set to the maximum level.

(d) Neither Parent shall post photographs or information about the Children on their own social media accounts without the other Parent's consent. / ☐ Each Parent may post age-appropriate photographs of the Children during their parenting time without consent but shall not post content that identifies the Children's school, home address, daily routine, or other safety-sensitive information.

21.3 Screen Time and Online Safety

(a) Parents shall strive for consistency in screen-time rules across both households.

(b) Both Parents shall maintain age-appropriate parental controls and internet safety measures.

(c) Devices used for parent-child communication shall not be confiscated as punishment for more than [________________________________] hours.

21.4 Digital Privacy

(a) Neither Parent shall access the other Parent's email, phone, social media, or other digital accounts without authorization.

(b) Neither Parent shall use electronic tracking devices or software to monitor the other Parent, except as provided in a court order.

22. CHILD ABDUCTION PREVENTION

[// GUIDANCE: Cal. Fam. Code § 3048 provides for child abduction prevention orders. The Court may include provisions in custody orders to prevent abduction, including passport restrictions, travel limitations, and registration with the U.S. Department of State. Judicial Council Form FL-341(B) (Child Abduction Prevention Order Attachment) may be used.]

22.1 Abduction Prevention Measures

☐ Not applicable — no risk factors identified.

☐ The following child abduction prevention measures shall apply:

(a) ☐ The Children's passports shall be surrendered to [________________________________] and shall not be released without a court order or written agreement of both Parents.

(b) ☐ Neither Parent shall apply for or obtain a passport for any Child without the other Parent's prior written consent or a court order.

(c) ☐ [________________________________] (Parent) shall not remove the Children from the State of California without the other Parent's prior written consent or a court order.

(d) ☐ [________________________________] (Parent) shall not remove the Children from the United States without the other Parent's prior written consent or a court order.

(e) ☐ The Children shall be registered with the U.S. Department of State's Children's Passport Issuance Alert Program (CPIAP).

(f) ☐ Additional abduction prevention measures as set forth in the attached Judicial Council Form FL-341(B): [________________________________]

23. UCCJEA JURISDICTION PROVISIONS

[// GUIDANCE: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is codified at Cal. Fam. Code §§ 3400–3465. It governs when California courts have jurisdiction to make initial custody determinations, when California courts may modify another state's custody orders, and when California courts may exercise emergency jurisdiction. California adopted the UCCJEA effective January 1, 2000.]

23.1 Jurisdictional Basis

The Superior Court of California, County of [________________________________], has jurisdiction over this custody matter pursuant to the UCCJEA (Cal. Fam. Code §§ 3400–3465) on the following basis:

☐ Home State Jurisdiction (Cal. Fam. Code § 3421(a)(1)): California is the Children's "home state" — the state in which the Children have lived with a parent for at least six (6) consecutive months immediately preceding commencement of this proceeding.

☐ Significant Connection Jurisdiction (Cal. Fam. Code § 3421(a)(2)): No state qualifies as the Children's home state, and the Children and at least one Parent have a significant connection with California beyond mere physical presence, and substantial evidence is available in California concerning the Children's care, protection, training, and personal relationships.

☐ Emergency Jurisdiction (Cal. Fam. Code § 3424): The Children are present in California and have been subjected to or threatened with mistreatment or abuse, or have been abandoned.

☐ No Other State Has Jurisdiction (Cal. Fam. Code § 3421(a)(4)): No other state would have jurisdiction under the above criteria.

23.2 Exclusive Continuing Jurisdiction

Pursuant to Cal. Fam. Code § 3422, the California court that makes the initial custody determination retains exclusive, continuing jurisdiction over the matter until:

(a) The Court determines that neither the Children nor any parent or person acting as a parent has a significant connection with California and substantial evidence regarding the Children is no longer available in California; or

(b) The Court or a court of another state determines that the Children, the Children's parents, and any person acting as a parent do not presently reside in California.

23.3 Interstate Enforcement

Any custody order issued pursuant to this Plan shall be enforceable in all states under the UCCJEA. Registration and enforcement of out-of-state custody orders are governed by Cal. Fam. Code §§ 3443–3465.

24. MODIFICATION AND REVIEW

24.1 Periodic Review

The Parents agree to review this Plan ☐ annually / ☐ every two (2) years / ☐ at each Child's transition to a new school level (e.g., kindergarten, middle school, high school), or whenever significant changes occur in the Children's lives or the Parents' circumstances. Reviews shall assess whether the Plan continues to serve the Children's best interests and make adjustments as appropriate.

24.2 Modification by Written Agreement

This Plan may be modified at any time by written agreement of both Parents, signed and dated. Significant modifications should be filed with the Court for approval and incorporation into the existing court order.

24.3 Modification by Court Order

Either Parent may petition the Court to modify this Plan pursuant to Cal. Fam. Code § 3087 (modification of joint custody orders) or upon a showing of:

(a) A significant change of circumstances affecting the Children's best interests.

(b) The Children's changing developmental needs.

(d) Domestic violence or safety concerns.

(e) Other good cause shown.

24.4 Developmental Adjustments

The Parents acknowledge that as the Children grow, their needs and schedules will change. The Parents commit to adjusting this Plan to accommodate:

(a) School schedules and academic demands.
(b) Extracurricular commitments.
(c) Social development and peer relationships.
(d) Age-appropriate increased autonomy and input from the Children (consistent with Cal. Fam. Code § 3042).
(e) Driving, employment, and increased independence for teenagers.
(f) College preparation and transitions.

24.5 Temporary Modifications

The Parents may agree to temporary modifications of the parenting schedule for special occasions, vacations, or unforeseen circumstances. Temporary modifications should be confirmed in writing (including text or email) and do not constitute a permanent change to this Plan.

25. GENERAL PROVISIONS

25.1 Governing Law

This Plan is governed by the California Family Code, the case law of the State of California, and applicable federal law.

25.2 Court Jurisdiction

The Superior Court of California, County of [________________________________], shall retain exclusive, continuing jurisdiction over this Plan pursuant to Cal. Fam. Code § 3422 (UCCJEA — Exclusive Continuing Jurisdiction) and Cal. Fam. Code § 3087 (Modification of Joint Custody Orders).

25.3 Severability

If any provision of this Plan is found invalid, unenforceable, or contrary to law, the remaining provisions shall remain in full force and effect.

25.4 Entire Agreement

This Plan constitutes the entire agreement between the Parents regarding custody, visitation, and parenting arrangements and supersedes all prior agreements, understandings, and negotiations, except as incorporated into existing court orders.

25.5 Counterparts and Electronic Signatures

This Plan may be executed in counterparts, each constituting an original. Electronic signatures are valid and enforceable under California law (Cal. Civ. Code § 1633.1 et seq., Uniform Electronic Transactions Act).

25.6 Notice Addresses

All formal notices required under this Plan shall be provided to:

Parent A:
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Parent B:
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Either Parent shall provide written notice of any change in contact information within seven (7) days.

25.7 Best Interests Paramount

In all matters where this Plan is ambiguous or silent, the Parents shall resolve the issue in accordance with the best interests of the Children as defined by Cal. Fam. Code § 3011.

25.8 Flexibility and Cooperation

While this Plan provides structure and predictability, the Parents recognize that flexibility is sometimes necessary. The Parents agree to cooperate reasonably regarding schedule adjustments, special occasions, and unforeseen circumstances, prioritizing the Children's needs at all times.

25.9 Judicial Council Forms

This Plan is intended to be consistent with, and may be filed alongside, the following Judicial Council forms:

☐ FL-311 — Child Custody and Visitation (Parenting Time) Application Attachment
☐ FL-341 — Child Custody and Visitation (Parenting Time) Order Attachment
☐ FL-341(B) — Child Abduction Prevention 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
☐ Other: [________________________________]

25.10 Compliance with Court Orders

Both Parents shall comply with all existing court orders, including but not limited to: this Parenting Plan; any child support order; any domestic violence restraining order; and any other order issued by the Court in this matter.

26. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parents have executed this Parenting Plan as of the date(s) set forth below.

PARENT A:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

PARENT B:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

ATTORNEYS (IF APPLICABLE)

Attorney for Parent A:

Signature: [________________________________]

Printed Name: [________________________________]

State Bar No.: [________________________________]

Firm: [________________________________]

Date: [__/__/____]

Attorney for Parent B:

Signature: [________________________________]

Printed Name: [________________________________]

State Bar No.: [________________________________]

Firm: [________________________________]

Date: [__/__/____]

ACKNOWLEDGMENT (OPTIONAL — FOR UNREPRESENTED PARTIES)

State of California
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared [________________________________] and [________________________________], who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons executed the instrument.

WITNESS my hand and official seal.

Signature: [________________________________]
Notary Public, State of California
My Commission Expires: [__/__/____]

[NOTARY SEAL]

27. COURT APPROVAL

ORDER

The Court, having reviewed the foregoing Parenting Plan and having considered the best interests of the minor child(ren) pursuant to Cal. Fam. Code § 3011, and finding that this Plan is consistent with the policies set forth in Cal. Fam. Code § 3020, hereby:

☐ APPROVES and ADOPTS this Parenting Plan in its entirety.

☐ APPROVES and ADOPTS this Parenting Plan with the following modifications:
[________________________________]
[________________________________]
[________________________________]

☐ ORDERS that the parties shall comply with all provisions of this Plan.

☐ ORDERS that this Plan is incorporated into the ☐ Judgment of Dissolution / ☐ Custody Order / ☐ Other: [________________________________]

IT IS SO ORDERED.

Date: [__/__/____]

Signature: [________________________________]

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

28. SOURCES AND REFERENCES

California Family Code — Custody of Children (Division 8)

Cal. Fam. Code § 3002 — Joint Legal Custody defined: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3002.&lawCode=FAM
Cal. Fam. Code § 3003 — Joint Physical Custody defined
Cal. Fam. Code § 3004 — Sole Legal Custody defined
Cal. Fam. Code § 3006 — Sole Physical Custody defined
Cal. Fam. Code § 3007 — Physical Custody defined
Cal. Fam. Code § 3010 — Parent's right to custody: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3010.&lawCode=FAM
Cal. Fam. Code § 3011 — Best interests of the child factors: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3011.&lawCode=FAM
Cal. Fam. Code § 3020 — Legislative policy — frequent and continuing contact: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3020.&lawCode=FAM
Cal. Fam. Code § 3024 — Notice of proposed change of residence
Cal. Fam. Code § 3040 — Order of preference for custody: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3040.&lawCode=FAM
Cal. Fam. Code § 3042 — Child's preference in custody proceedings: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3042.
Cal. Fam. Code § 3044 — Domestic violence rebuttable presumption: https://codes.findlaw.com/ca/family-code/fam-sect-3044/
Cal. Fam. Code § 3048 — Child abduction prevention orders
Cal. Fam. Code § 3080 — Joint custody presumption upon parental agreement: https://law.justia.com/codes/california/code-fam/division-8/part-2/chapter-4/section-3080/
Cal. Fam. Code § 3083 — Joint legal custody — good-faith consultation requirement
Cal. Fam. Code § 3084 — Joint physical custody — sharing requirement
Cal. Fam. Code § 3087 — Modification of joint custody orders
Cal. Fam. Code § 3100 — Visitation rights

Mediation and Dispute Resolution

Cal. Fam. Code § 3170 — Mandatory mediation of contested custody/visitation issues: https://codes.findlaw.com/ca/family-code/fam-sect-3170/
Cal. Fam. Code § 3180 — Duties of mediators
Cal. Fam. Code § 3181 — Separate mediation sessions in domestic violence cases
Cal. Fam. Code § 3183 — Recommending counseling; written report

UCCJEA — Jurisdiction (Cal. Fam. Code §§ 3400–3465)

Cal. Fam. Code § 3402 — Definitions (home state, person acting as parent): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=8.&title=&part=3.&chapter=2.&article=
Cal. Fam. Code § 3421 — Initial child custody jurisdiction
Cal. Fam. Code § 3422 — Exclusive, continuing jurisdiction
Cal. Fam. Code § 3424 — Temporary emergency jurisdiction
Cal. Fam. Code §§ 3443–3465 — Registration and enforcement of out-of-state custody orders

Child Support

Cal. Fam. Code §§ 4050–4076 — Statewide Uniform Guideline for Child Support: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=9.&title=&part=2.&chapter=2.&article=2.

Key Case Law

In re Marriage of Burgess (1996) 13 Cal.4th 25 — Move-away standard; custodial parent's presumptive right to relocate in good faith
In re Marriage of LaMusga (2004) 32 Cal.4th 1072 — Move-away detriment analysis; expanded best-interest factors for relocation
In re Marriage of Brown & Yana (2006) 37 Cal.4th 947 — Non-parent custody standard
In re Marriage of J.G. (2025) Cal. App. (Third Dist.) — Reinforcing mandatory application of § 3044 presumption in domestic violence cases

Judicial Council Forms

FL-311 — Child Custody and Visitation (Parenting Time) Application Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl311.pdf
FL-341 — Child Custody and Visitation (Parenting Time) Order Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl341.pdf
FL-341(B) — Child Abduction Prevention 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

Additional Resources

California Courts Self-Help — Child Custody and Parenting Time: https://selfhelp.courts.ca.gov/child-custody
California Legislative Information: https://leginfo.legislature.ca.gov/

OPTIONAL ATTACHMENTS / SCHEDULES:

☐ Schedule A — Detailed Holiday Calendar (visual format)
☐ Schedule B — Transportation and Exchange Map / Logistics
☐ Schedule C — Extracurricular Activities and Cost Allocation
☐ Schedule D — Contact Information (Schools, Physicians, Emergency Contacts)
☐ Schedule E — Parenting Time Calendar (visual monthly/annual calendar)
☐ Judicial Council Form FL-311 — Custody Application Attachment
☐ Judicial Council Form FL-341 — Custody Order Attachment
☐ Judicial Council Form FL-341(B) — Child Abduction Prevention Order Attachment
☐ Judicial Council Form FL-341(C) — Children's Holiday Schedule Attachment
☐ Judicial Council Form FL-341(D) — Additional Provisions — Physical Custody
☐ Judicial Council Form FL-341(E) — Joint Legal Custody Attachment

[// GUIDANCE: This California-specific parenting plan addresses the major areas of co-parenting under California Family Code Division 8 (Custody of Children). Practitioners should customize extensively based on the family's specific circumstances, including the children's ages, special needs, geographic proximity, work schedules, and family dynamics. All provisions should be reviewed for consistency with current California law, local court rules, and any existing court orders. Consider filing alongside the applicable Judicial Council forms (FL-311 for applications; FL-341 series for orders). Both parents should retain copies, and copies should be provided to schools, healthcare providers, childcare providers, and other relevant parties.]

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

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CALIFORNIA PARENTING PLAN

(Custody and Visitation/Parenting Time Agreement)

TABLE OF CONTENTS

1. CASE INFORMATION AND PARTIES

1.1 Court Information

1.2 Parties

1.3 Minor Child(ren)

1.4 Nature of Proceeding

1.5 Effective Date

1.6 Purpose and Guiding Principles

1.7 Recitals

2. CALIFORNIA STATUTORY FRAMEWORK AND DEFINITIONS

2.1 Statutory Definitions

2.2 Additional Definitions for This Plan

3. LEGAL CUSTODY DESIGNATION

3.1 Legal Custody Award

3.2 Basis for Legal Custody Determination

4. PHYSICAL CUSTODY AND PARENTING TIME SCHEDULE

4.1 Physical Custody Designation

4.2 Regular Parenting Time Schedule (School Year)

4.3 Non-School Day Schedule

4.4 Age-Specific Provisions

5. HOLIDAY AND SCHOOL BREAK SCHEDULE

5.1 General Rule

5.2 Holiday Rotation Schedule

5.3 Children's Birthdays

5.4 Religious and Cultural Holidays

5.5 Three-Day Weekends and School Holidays

6. SUMMER VACATION AND EXTENDED PARENTING TIME

6.1 Summer Schedule

6.2 Summer Vacation Trips

6.3 Extended Weekend and School Break Parenting Time

7. TRANSPORTATION AND EXCHANGE ARRANGEMENTS

7.1 Exchange Location

7.2 Transportation Responsibility

7.3 Transportation Costs

7.4 Exchange Conduct

7.5 Children's Belongings

8. RIGHT OF FIRST REFUSAL

8.1 Right of First Refusal

8.2 Procedure (If Right of First Refusal Applies)

9. DECISION-MAKING AUTHORITY

9.1 Day-to-Day Decisions

9.2 Major Decisions — Education

9.3 Major Decisions — Healthcare

9.4 Major Decisions — Religious Upbringing

9.5 Major Decisions — Extracurricular Activities

9.6 Impasse Resolution for Major Decisions

10. COMMUNICATION BETWEEN PARENTS

10.1 Method of Communication

10.2 Standards for Communication

10.3 Prohibited Communications

11. COMMUNICATION WITH CHILDREN

11.1 Telephone and Video Contact

11.2 Facilitating Contact

11.3 Standards for Calling Parent

11.4 Older Children's Personal Devices

12. ACCESS TO RECORDS AND INFORMATION

12.1 Equal Access

12.2 Information Sharing Between Parents

12.3 Direct Contact Information

12.4 Notice of Significant Events

13. CHILD-REARING PROVISIONS

13.1 Consistency in Parenting

13.2 Discipline

13.3 Introduction of New Partners

13.4 Substance Use

13.5 Firearms Safety

13.6 Parental Alienation Prohibited

13.7 Adult Issues

14. RELOCATION / MOVE-AWAY PROVISIONS

14.1 Notice of Proposed Relocation

14.2 Geographic Restriction

14.3 Objection to Relocation

14.4 Modification Upon Relocation

15. DOMESTIC VIOLENCE PROVISIONS (CAL. FAM. CODE § 3044)

15.1 Domestic Violence Findings

15.2 Rebuttable Presumption (Cal. Fam. Code § 3044)

15.3 Additional Protective Provisions

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