Simple Child Custody Stipulation and Order

STIPULATION AND ORDER FOR CUSTODY AND VISITATION (PARENTING TIME)

STATE OF CALIFORNIA

COURT CAPTION

SUPERIOR COURT OF CALIFORNIA
COUNTY OF [________________________________]

________________________________________

In re the Marriage of / In the Matter of:

Petitioner: [________________________________]
Respondent: [________________________________]

                                              Case No.: [________________________________]

                                              Department: [________________________________]

STIPULATION AND ORDER FOR
CUSTODY AND VISITATION
(PARENTING TIME)

[Family Code §§ 3000 et seq., 3080 et seq.]
[Judicial Council Form FL-355]
________________________________________

Child(ren):
Name: [________________________________]     DOB: [__/__/____]
Name: [________________________________]     DOB: [__/__/____]
Name: [________________________________]     DOB: [__/__/____]

STIPULATION

The parties named above, having appeared before this Court (or having submitted this stipulation for the Court's approval), and each party having been advised of their rights, and each party having had the opportunity to consult with counsel, and each party entering into this agreement voluntarily, hereby stipulate and agree as follows:

ARTICLE I: RECITALS AND BACKGROUND

1.1 Petitioner. [________________________________] ("Petitioner" / "Mother" / "Father") resides at [________________________________], City of [________________________________], County of [________________________________], State of California.

1.2 Respondent. [________________________________] ("Respondent" / "Mother" / "Father") resides at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________].

1.3 Nature of Proceedings. This matter is a:
☐ Dissolution of Marriage (Divorce) proceeding.
☐ Legal Separation proceeding.
☐ Petition for Custody and/or Visitation (unmarried parents).
☐ Petition to Establish Parental Relationship (Parentage/Paternity) pursuant to Family Code Section 7500 et seq.
☐ Request for Modification of existing custody/visitation order dated [__/__/____].

1.4 Marriage/Relationship. The parties:
☐ Were married on [__/__/____] in [________________________________] and separated on [__/__/____]. The date of separation is [__/__/____] as defined by Family Code Section 70.
☐ Were never married but are the parents of the child(ren) named herein.
☐ Were domestic partners registered on [__/__/____] and separated on [__/__/____].

1.5 Children. The parties are the parents of the following minor child(ren):

1.6 Jurisdiction. This Court has jurisdiction over this matter. California is the home state of the child(ren) within the meaning of Family Code Section 3421 (UCCJEA). No party has participated in any other custody litigation or proceeding concerning the child(ren), except: ☐ None ☐ [________________________________].

1.7 Mediation. Pursuant to Family Code Section 3170:
☐ The parties have participated in court-ordered mediation through [________________________________] (court mediation services / private mediator).
☐ Mediation is not required because the parties have reached agreement.
☐ Mediation was waived by stipulation of the parties / order of the court.

1.8 Voluntariness. Each party enters into this stipulation freely, voluntarily, and without coercion or duress. Each party has had the opportunity to consult with independent legal counsel and has either obtained legal representation or voluntarily chosen to proceed without counsel.

1.9 Best Interests Finding. The parties stipulate and the Court finds that the terms of this agreement are in the best interests of the child(ren), as required by Family Code Section 3011, taking into consideration: the health, safety, and welfare of the child(ren); any history of abuse by one parent against the other parent or the child(ren); the nature and amount of contact with both parents; and the habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.

ARTICLE II: LEGAL CUSTODY

2.1 Legal Custody Determination. Legal custody of the child(ren) shall be as follows:

☐ Joint Legal Custody. Both parents shall share joint legal custody of the child(ren) pursuant to Family Code Sections 3003 and 3083. Both parents shall have equal rights and responsibilities to make decisions relating to the health, education, and welfare of the child(ren). Under Family Code Section 3083, the court specifies the following circumstances under which the consent of both parents is required:

(a) Decisions Requiring Mutual Consent:

• Selection or change of school or educational program
• Non-emergency medical treatment, surgery, or procedures
• Mental health therapy or counseling (initiation or termination)
• Dental treatment beyond routine care
• Religious upbringing, religious instruction, or religious ceremonies
• Participation in extracurricular activities that substantially affect the other parent's parenting time
• Travel outside of the United States
• Application for a passport
• Change of the child(ren)'s legal name
• Body modifications (piercing, tattoo) for the child(ren)

(b) Decisions That May Be Made by Either Parent Acting Alone:

• Routine day-to-day decisions during that parent's parenting time (meals, bedtime, hygiene, homework, discipline)
• Emergency medical treatment when the child(ren) are in that parent's care
• Routine medical and dental checkups and appointments
• Haircuts and routine grooming

☐ Sole Legal Custody to [________________________________]. [________________________________] shall have sole legal custody of the child(ren) with the exclusive right and responsibility to make decisions relating to the health, education, and welfare of the child(ren) pursuant to Family Code Section 3006.

2.2 Consultation Requirement. When joint legal custody is ordered, both parents shall confer with each other and make a good faith effort to reach a joint decision before any major decision is made. In the event of a disagreement on a major decision:
☐ The parties shall submit the dispute to mediation before filing a motion.
☐ [________________________________] shall have the authority to make the final decision after consultation.
☐ Either parent may petition the court for resolution.

2.3 Presumption in Favor of Joint Custody. Pursuant to Family Code Section 3080, there is a presumption that joint custody is in the best interest of the child when the parents have agreed to joint custody. By entering into this stipulation, the parties invoke this presumption.

ARTICLE III: PHYSICAL CUSTODY AND PARENTING TIME

3.1 Physical Custody Determination. Physical custody of the child(ren) shall be as follows:

☐ Joint Physical Custody. Both parents shall share joint physical custody of the child(ren) pursuant to Family Code Sections 3004 and 3084. Each parent shall have significant periods of physical custody to ensure the child(ren) have frequent and continuing contact with both parents, consistent with Family Code Section 3020(b).

☐ Sole Physical Custody to [________________________________]. [________________________________] shall have sole physical custody, and [________________________________] shall have visitation (parenting time) as set forth below, pursuant to Family Code Section 3007.

3.2 Parenting Time Schedule. Pursuant to Family Code Section 3020(b), which declares the policy of this state to assure that children have frequent and continuing contact with both parents, the parenting time schedule shall be as follows:

(a) Option 1: Alternating Weeks (50/50).
☐ The child(ren) shall reside with Parent A during Week 1 and Parent B during Week 2, alternating weekly. Exchanges shall occur on [________________________________] (day) at [________________________________] (time).

(b) Option 2: 2-2-3 Rotation (50/50).
☐ Week 1: Parent A has Monday and Tuesday; Parent B has Wednesday and Thursday; Parent A has Friday, Saturday, Sunday.
Week 2: Parent B has Monday and Tuesday; Parent A has Wednesday and Thursday; Parent B has Friday, Saturday, Sunday.
Repeating on a two-week cycle.

(c) Option 3: 3-4-4-3 Rotation (50/50).
☐ Week 1: Parent A has Sunday, Monday, Tuesday (3 days); Parent B has Wednesday, Thursday, Friday, Saturday (4 days).
Week 2: Parent A has Sunday, Monday, Tuesday, Wednesday (4 days); Parent B has Thursday, Friday, Saturday (3 days).

(d) Option 4: Every Other Weekend Plus Midweek.
☐ Primary custody with [________________________________]. The other parent shall have parenting time:

• Every other weekend from Friday at [________________________________] to Sunday at [________________________________].
• One midweek visit on [________________________________] from [________________________________] to [________________________________].

(e) Option 5: Custom Schedule.
☐ The parenting time schedule shall be as follows: [________________________________]
☐ See attached Parenting Plan (Exhibit A) / FL-341(A) (Additional Provisions - Physical Custody Attachment).

3.3 Supervised Visitation. (If applicable)
☐ Not applicable. No supervision is required.
☐ [________________________________]'s parenting time shall be supervised pursuant to Family Code Section 3100.
Supervisor: ☐ Professional supervisor: [________________________________]
☐ Approved family member: [________________________________]
Conditions: [________________________________]
Duration of supervision requirement: ☐ Until further order of the court ☐ Until [__/__/____] ☐ Other: [________________________________]

ARTICLE IV: HOLIDAY AND SPECIAL OCCASION SCHEDULE

4.1 General Rule. The holiday schedule shall take precedence over the regular parenting time schedule. Unless otherwise specified, holidays begin and end at the times indicated. If no specific time is listed, the holiday period shall begin at [________________________________] (e.g., 9:00 a.m.) and end at [________________________________] (e.g., 6:00 p.m.).

4.2 Holiday Allocation. Holidays shall alternate between parents on an annual basis as follows:

4.3 Mother's Day and Father's Day.

• Mother's Day: The child(ren) shall be with their Mother every year from Saturday at [________________________________] through Sunday at [________________________________].
• Father's Day: The child(ren) shall be with their Father every year from Saturday at [________________________________] through Sunday at [________________________________].

4.4 Children's Birthdays.
☐ The child(ren) shall be with the parent whose regular time includes the birthday, with the other parent having reasonable time on the birthday or the adjacent day.
☐ Alternating annually: Parent A in even years, Parent B in odd years.
☐ Shared: Parent A from [________________________________] to [________________________________]; Parent B from [________________________________] to [________________________________].
☐ Other: [________________________________]

4.5 Parents' Birthdays. Each parent may spend time with the child(ren) on that parent's birthday from [________________________________] to [________________________________], regardless of the regular schedule.

ARTICLE V: SCHOOL BREAKS AND VACATION

5.1 Winter Break (December/January). The school winter break shall be divided as follows:
☐ First half with [________________________________] and second half with [________________________________] in even years, alternating in odd years. The midpoint of winter break shall be defined as [________________________________] (e.g., December 26 at 10:00 a.m.).
☐ Thanksgiving through December 25: one parent; December 25 through return to school: the other parent, alternating annually.
☐ Other: [________________________________]

5.2 Spring Break. The school spring break shall be spent with:
☐ Parent A in even years, Parent B in odd years.
☐ Divided equally.
☐ Other: [________________________________]

5.3 Summer Vacation. Each parent shall have [____] weeks of vacation time with the child(ren) during the summer, subject to the following:

(a) Each parent shall provide written notice of requested summer vacation dates by [________________________________] (e.g., April 15) each year.

(b) If both parents request overlapping dates, [________________________________]'s selection shall have priority in even years and [________________________________]'s selection in odd years.

(c) Vacation periods shall not exceed [____] consecutive weeks without the other parent's written consent.

(d) The vacationing parent shall provide the other parent with the itinerary, destination, accommodations, and emergency contact information at least [____] days before departure.

(e) During the non-vacation portions of summer, the regular parenting time schedule shall remain in effect.

5.4 Three-Day Weekends. When a three-day weekend (Monday holiday) falls during a parent's regular parenting time, the parent shall have the child(ren) for the entire three-day weekend unless the holiday schedule in Article IV provides otherwise.

ARTICLE VI: TRANSPORTATION AND EXCHANGES

6.1 Exchange Location(s).
☐ The child(ren)'s school or childcare facility (school drop-off/pick-up exchanges).
☐ The custodial parent's residence (the receiving parent picks up).
☐ A neutral public location: [________________________________].
☐ Other: [________________________________]

6.2 Transportation Responsibility.
☐ The receiving parent (the parent whose time is beginning) shall pick up the child(ren).
☐ The delivering parent (the parent whose time is ending) shall drop off the child(ren).
☐ Shared: Each parent is responsible for one direction of transport.
☐ Other: [________________________________]

6.3 Punctuality and Notice. Both parents shall be on time for exchanges. A parent who anticipates being more than [____] minutes late shall provide advance notice by telephone or text message. If a parent is more than [____] minutes late without prior notice, the other parent may treat the parenting time as waived for that occasion.

6.4 Conduct During Exchanges. Parents shall conduct themselves in a respectful, cooperative manner during exchanges. Parents shall not engage in arguments or confrontations in the child(ren)'s presence. Pursuant to Family Code Section 3011(a)(5)(B), the court's order shall be specific as to time, day, place, and manner of transfer.

6.5 Third-Party Pick-Up. If a parent cannot personally conduct the exchange, the parent may designate a responsible adult to do so, provided the other parent is given advance notice.

ARTICLE VII: COMMUNICATION WITH CHILDREN

7.1 Reasonable Communication. Each parent shall have the right to reasonable telephone and video communication (FaceTime, Zoom, etc.) with the child(ren) during the other parent's parenting time. Communication shall occur at times that do not interfere with the child(ren)'s school, meals, activities, or sleep schedule.

7.2 Communication Schedule. Unless otherwise agreed, the non-custodial parent may communicate with the child(ren) by telephone or video call daily between [________________________________] and [________________________________] (e.g., 6:30 p.m. and 7:30 p.m.).

7.3 Access to Devices. Each parent shall ensure the child(ren) have access to a telephone or electronic device for communication with the other parent. Neither parent shall unreasonably restrict, monitor, or interfere with the child(ren)'s communication with the other parent.

7.4 Co-Parent Communication. The parents shall communicate with each other regarding the child(ren) in a respectful, businesslike manner through:
☐ Direct telephone/text
☐ Email
☐ Co-parenting application: [________________________________] (e.g., OurFamilyWizard, TalkingParents)

ARTICLE VIII: INFORMATION SHARING

8.1 School Records. Both parents shall have equal access to the child(ren)'s educational records, report cards, standardized test results, IEPs, 504 plans, and all school communications. Both parents shall be listed as contacts on school records and authorized for school pick-up. Pursuant to California Education Code Section 49069.7, both parents have the right to access school records regardless of custody.

8.2 Medical Records. Both parents shall have equal access to the child(ren)'s medical, dental, and mental health records. Each parent shall promptly notify the other parent of any significant illness, injury, hospitalization, or medical event involving the child(ren).

8.3 Activity Information. Each parent shall promptly provide the other parent with information regarding the child(ren)'s activities, schedules, performances, and events. Both parents shall have the right to attend all school and extracurricular events.

8.4 Emergency Contacts. Both parents shall be listed as emergency contacts on all school, medical, childcare, and activity forms.

8.5 Contact Information Changes. Each parent shall promptly notify the other parent of any change in residential address, telephone number, email address, or employment, within [____] days of the change.

ARTICLE IX: RELOCATION

9.1 Statutory Notice Requirement. Pursuant to Family Code Section 3024, a parent proposing to change the residence of the child(ren) must 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 if circumstances do not reasonably permit forty-five (45) days' notice.

9.2 Content of Notice. The relocation notice must include: (a) the proposed new address; (b) the proposed new telephone number; (c) the date of the proposed move; (d) the reasons for the proposed move; and (e) a proposed revised parenting time schedule.

9.3 Relocation Standard. If the proposed relocation would substantially impair the other parent's ability to exercise parenting time, the relocating parent must seek court approval. The court shall consider the factors set forth in In re Marriage of LaMusga, 32 Cal. 4th 1072 (2004) and Family Code Section 7501, including: (a) the children's interest in stability and continuity; (b) the distance of the move; (c) the children's age; (d) the children's relationship with both parents; (e) the relationship between the parents; and (f) the wishes of the children.

9.4 Burden of Proof. Under In re Marriage of Burgess, 13 Cal. 4th 25 (1996), the custodial parent has the presumptive right to change the residence of the child, and the burden is on the noncustodial parent to show that the proposed move would cause detriment to the child.

9.5 Local Moves. Each parent shall notify the other parent in writing of any change of address within [____] days, regardless of whether the move impacts the parenting time schedule.

ARTICLE X: RIGHT OF FIRST REFUSAL

10.1 If either parent is unable to care for the child(ren) during their parenting time for a period exceeding [____] hours (e.g., 4-8 hours), that parent shall first offer the other parent the opportunity to care for the child(ren).

10.2 The requesting parent shall provide notice with at least [____] hours of advance notice. The other parent shall respond within [____] hours. If the other parent declines or does not respond, the requesting parent may arrange alternative care.

10.3 Exceptions. The right of first refusal does not apply to: time the child(ren) spend at school, daycare, or regularly scheduled activities; care by grandparents or close relatives for brief periods; or emergencies.

ARTICLE XI: CHILD SUPPORT

11.1 Child Support. Child support is:
☐ Addressed in a separate order filed on [__/__/____].
☐ To be determined in a separate proceeding.
☐ Set forth herein: [________________________________] shall pay to [________________________________] the sum of $[________________________________] per month, consistent with the California child support guidelines (Family Code Section 4050 et seq.), commencing on [__/__/____].

11.2 Guideline Calculation. California child support is calculated using the statewide uniform guideline formula set forth in Family Code Section 4055. The guideline amount is presumptively correct. Any deviation from the guideline requires a finding that application of the formula would be unjust or inappropriate.

11.3 Additional Child-Related Expenses. In addition to guideline child support, the parties shall share the following expenses:
☐ Childcare costs necessary for employment or education (Family Code Section 4062(a)(1)): [________________________________]% Parent A / [________________________________]% Parent B.
☐ Unreimbursed healthcare expenses (Family Code Section 4062(a)(2)): [________________________________]% / [________________________________]%.
☐ Educational costs (tuition, tutoring): [________________________________]% / [________________________________]%.
☐ Extracurricular activities: [________________________________]% / [________________________________]%.
☐ Travel expenses for parenting time: [________________________________]% / [________________________________]%.

ARTICLE XII: HEALTH INSURANCE AND MEDICAL EXPENSES

12.1 Health Insurance. [________________________________] shall maintain health insurance for the child(ren) through:
☐ Employer-provided group health plan.
☐ Private health insurance.
☐ California Children's Health Insurance Program (Medi-Cal / Healthy Families).

12.2 Cost Sharing. The cost of health insurance premiums attributable to the child(ren) shall be:
☐ Borne by [________________________________] as part of the child support calculation.
☐ Shared pro rata: [________________________________]% / [________________________________]%.

12.3 Unreimbursed Medical Expenses. All reasonable unreimbursed medical, dental, orthodontic, optical, pharmaceutical, therapeutic, and mental health expenses for the child(ren) shall be shared:
☐ Pro rata based on respective incomes.
☐ Equally (50/50).
☐ [________________________________]% by [________________________________] / [________________________________]% by [________________________________].

12.4 Submission of Expenses. The parent who incurs an unreimbursed medical expense shall provide itemized documentation (receipts, EOBs) to the other parent within [____] days. The other parent shall reimburse their share within [____] days.

12.5 Insurance Cards. Each parent shall maintain a copy of the child(ren)'s insurance cards and shall provide copies to all healthcare providers, schools, and activity providers.

ARTICLE XIII: EDUCATION EXPENSES

13.1 School Enrollment. The child(ren) shall attend:
☐ The public school in the district of [________________________________]'s residence.
☐ [________________________________] (private/parochial school). Tuition and mandatory fees shall be shared: [________________________________].

13.2 College Education.
☐ Reserved for future determination.
☐ Each parent shall contribute to college expenses as follows: [________________________________].

ARTICLE XIV: TAX DEPENDENCY EXEMPTIONS AND CREDITS

14.1 Dependency Exemption / Child Tax Credit. The right to claim the child(ren) for the Child Tax Credit and other tax benefits shall be allocated as follows:
☐ [________________________________] shall claim [________________________________] (child) in all years.
☐ Alternating years: [________________________________] claims in even years; [________________________________] claims in odd years.
☐ Other: [________________________________]

14.2 IRS Form 8332. The non-claiming parent shall execute IRS Form 8332 (Release of Claim to Exemption for Child by Custodial Parent) as necessary.

14.3 Condition. The right to claim the dependency exemption is conditioned upon the obligor parent being current on all child support obligations.

ARTICLE XV: CONDUCT AND SAFETY PROVISIONS

15.1 No Disparagement. Neither parent shall make disparaging, derogatory, or negative remarks about the other parent, the other parent's family, or the other parent's significant other in the child(ren)'s presence or hearing. Neither parent shall permit any third party to do so.

15.2 No Alienation. Neither parent shall engage in conduct designed to alienate the child(ren) from the other parent or interfere with the child(ren)'s relationship with the other parent.

15.3 No Substance Abuse. Neither parent shall use illegal controlled substances at any time. Neither parent shall use alcohol to the point of impairment or intoxication while exercising parenting time or within [____] hours before parenting time begins.

15.4 Vehicle Safety. Both parents shall comply with California Vehicle Code Section 27360 et seq. regarding child safety seats and restraints. All children must be properly restrained in age- and size-appropriate car seats, booster seats, or seat belts.

15.5 Supervision. Neither parent shall leave the child(ren) unsupervised in violation of California Penal Code Section 273a (child endangerment) or in any manner inappropriate for the child(ren)'s age and maturity.

15.6 Introduction of New Partners. Neither parent shall introduce a new romantic partner to the child(ren) as a significant other until the relationship has been ongoing for at least [____] months. Overnight stays by romantic partners when the child(ren) are present shall not occur until [________________________________].

15.7 Firearms. Any firearms in either parent's home shall be stored in a locked container or with a locking device, with ammunition stored separately, in compliance with California Penal Code Sections 25100-25140 (child access prevention).

15.8 Sex Offenders. Neither parent shall allow the child(ren) to be in the presence of any person known to be a registered sex offender (California Penal Code Section 290).

ARTICLE XVI: DOMESTIC VIOLENCE PROVISIONS

16.1 Domestic Violence Finding. Pursuant to Family Code Section 3044:
☐ No finding of domestic violence has been made in this case.
☐ A finding of domestic violence has been made against [________________________________] on [__/__/____]. The rebuttable presumption under Family Code Section 3044 ☐ has been / ☐ has not been overcome.

16.2 Existing Protective Orders.
☐ No domestic violence restraining order (DVRO) is currently in effect.
☐ A DVRO is currently in effect (Case No.: [________________________________], expiration date: [__/__/____]). The terms of this custody order are consistent with and do not conflict with the DVRO.

16.3 Batterer's Intervention Program. Pursuant to Family Code Section 3044:
☐ Not applicable.
☐ [________________________________] has completed / shall complete a 52-week batterer's intervention program certified by the county probation department.

ARTICLE XVII: DISPUTE RESOLUTION

17.1 Mediation First. Before filing any motion with the Court to modify or enforce this order (except for emergencies or domestic violence situations), the parties shall first attempt to resolve the dispute through mediation, consistent with Family Code Section 3170.

17.2 Mediator. The parties shall use:
☐ Court-connected mediation services (Family Court Services).
☐ A private mediator: [________________________________].
☐ A mediator to be selected by agreement, or if the parties cannot agree, by the court.

17.3 Cost of Mediation. Mediation costs shall be shared:
☐ Equally (50/50).
☐ Pro rata based on respective incomes.
☐ Other: [________________________________]

17.4 Emergency Exception. Either parent may seek emergency relief from the Court without prior mediation when the child(ren)'s health, safety, or welfare is at immediate risk.

ARTICLE XVIII: MODIFICATION

18.1 Standard. This order may be modified upon a showing of a change of circumstances and that the proposed modification is in the best interests of the child(ren), as set forth in Montenegro v. Diaz, 26 Cal. 4th 249 (2001) and Family Code Section 3087.

18.2 Stipulated Modification. The parties may modify this order by written stipulation, subject to court approval.

18.3 Court Order. Either parent may petition the court for a modification of custody or visitation upon a showing of changed circumstances.

ARTICLE XIX: MISCELLANEOUS

19.1 Passports. Neither parent shall apply for, obtain, or renew a passport for any child without the prior written consent of the other parent or a court order. Both parents shall cooperate in maintaining valid passports for the child(ren) if travel is anticipated.

19.2 Domestic Travel. When either parent travels with the child(ren) outside of [________________________________] County, the traveling parent shall provide the other parent with: (a) the itinerary; (b) travel dates; (c) destination address and contact information; (d) emergency contact numbers. Notice shall be provided at least [____] days before departure.

19.3 International Travel. Neither parent shall travel internationally with the child(ren) without:
☐ Prior written consent of the other parent.
☐ A court order authorizing travel.
Pursuant to Family Code Section 3048, the court may impose conditions on international travel, including the posting of a bond.

19.4 Personal Belongings. The child(ren)'s clothing, school materials, medications, and necessary personal items shall travel freely between homes.

19.5 Emergency Contacts. Both parents shall be listed as emergency contacts on all forms.

19.6 Compliance. Both parents shall comply with all provisions of this order. Willful violation may result in contempt of court sanctions, including fines and/or imprisonment, pursuant to Code of Civil Procedure Section 1209 et seq.

19.7 Severability. If any provision of this stipulation is held invalid or unenforceable, the remaining provisions shall remain in full force.

19.8 Entire Agreement. This stipulation represents the entire agreement of the parties regarding custody and visitation.

19.9 Governing Law. This stipulation shall be governed by California law.

ARTICLE XX: JUDICIAL COUNCIL FORM ATTACHMENTS

The following Judicial Council forms are attached to and incorporated into this stipulation, as applicable:

☐ FL-355 (Stipulation and Order for Custody and/or Visitation (Parenting Time))
☐ FL-341 (Child Custody and Visitation (Parenting Time) Order Attachment)
☐ FL-341(A) (Supervised Visitation Order)
☐ 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)
☐ FL-150 (Income and Expense Declaration) - for child support calculation
☐ FL-160 (Property Declaration)
☐ MC-030 (Declaration)

ARTICLE XXI: SIGNATURES

The undersigned parties have read this Stipulation, understand its terms, and voluntarily agree to be bound by all provisions.

PETITIONER:

Date: [__/__/____]                    ________________________________________
                                      [________________________________]
                                      (Print Name)

                                      Address: [________________________________]
                                      Telephone: [________________________________]


RESPONDENT:

Date: [__/__/____]                    ________________________________________
                                      [________________________________]
                                      (Print Name)

                                      Address: [________________________________]
                                      Telephone: [________________________________]

APPROVAL BY COUNSEL

APPROVED AS TO FORM AND CONTENT:

Attorney for Petitioner:              Attorney for Respondent:

Date: [__/__/____]                    Date: [__/__/____]

______________________________        ______________________________
[________________________________]    [________________________________]
State Bar No.: [________________]     State Bar No.: [________________]
Firm: [________________________________]   Firm: [________________________________]
Address: [________________________________]  Address: [________________________________]
Tel: [________________________________]  Tel: [________________________________]
Email: [________________________________]  Email: [________________________________]

COURT ORDER

ORDER OF THE COURT

The Court, having reviewed this Stipulation, and good cause appearing therefor, finds as follows:

1. The Court has jurisdiction over this matter and the parties.
2. Both parties entered into this Stipulation voluntarily and with full knowledge of its terms.
3. The terms of this Stipulation are in the best interest of the child(ren) as required by Family Code Section 3011.
4. Pursuant to Family Code Section 3080, there is a presumption that joint custody is in the best interest of the child(ren) when the parties have agreed to joint custody, and this presumption has not been rebutted.

IT IS SO ORDERED.

Date: [__/__/____]

                                      ________________________________________
                                      HON. [________________________________]
                                      JUDGE OF THE SUPERIOR COURT
                                      County of [________________________________]

PRACTICE NOTES AND GUIDANCE (CALIFORNIA)

Key California Custody Law Principles

1. Best Interest of the Child. Family Code Section 3011 lists factors the court considers: health, safety, and welfare of the child; history of abuse; nature and amount of contact with both parents; and habitual or continual illegal use of controlled substances or abuse of alcohol.

2. Frequent and Continuing Contact. Family Code Section 3020(b) declares the policy of ensuring children have frequent and continuing contact with both parents after separation.

3. Joint Custody Presumption. Family Code Section 3080 creates a presumption favoring joint custody when parents agree.

4. Domestic Violence Presumption. Family Code Section 3044 creates a rebuttable presumption against granting custody to a parent who has perpetrated domestic violence within the last five years.

5. Relocation Law. Family Code Section 3024 requires 45 days' notice of proposed relocation. The LaMusga (2004) and Burgess (1996) cases provide the framework for relocation disputes.

6. Mediation. Family Code Section 3170 requires mediation of contested custody and visitation issues before or concurrent with hearing.

Required Judicial Council Forms

• FL-355: Stipulation and Order for Custody and/or Visitation (main form)
• FL-341 Series: Custody and visitation attachment forms
• FL-150: Income and Expense Declaration (for support)
• FL-300: Request for Order (for contested motions)

SOURCES AND REFERENCES

• California Family Code Division 8 (Custody of Children), Sections 3000-3465: https://leginfo.legislature.ca.gov
• California Family Code Section 3011 (Best Interest): https://codes.findlaw.com/ca/family-code/fam-sect-3011/
• California Family Code Sections 3080-3089 (Joint Custody): https://leginfo.legislature.ca.gov
• California Family Code Section 3024 (Relocation Notice): https://leginfo.legislature.ca.gov
• California Family Code Section 3044 (Domestic Violence Presumption): https://leginfo.legislature.ca.gov
• California Family Code Section 3170 (Mediation): https://leginfo.legislature.ca.gov
• Judicial Council Form FL-355: https://www.courts.ca.gov/documents/fl355.pdf
• In re Marriage of LaMusga, 32 Cal. 4th 1072 (2004)
• In re Marriage of Burgess, 13 Cal. 4th 25 (1996)
• Montenegro v. Diaz, 26 Cal. 4th 249 (2001)
• Judicial Council Self-Help - Custody Stipulation: https://selfhelp.courts.ca.gov/jcc-form/FL-355