California Sole Custody Agreement
CALIFORNIA SOLE CUSTODY AGREEMENT
Stipulation and Order for Sole Legal and/or Physical Custody
CALIFORNIA LEGAL CONTEXT
California law does not favor sole custody arrangements as a default. Cal. Fam. Code section 3040 establishes that custody should be granted in the following order of preference: (a) to both parents jointly, or (b) to either parent alone. There is no presumption in favor of either parent regardless of sex. (Cal. Fam. Code § 3040(a).)
However, sole custody may be appropriate when:
- Joint custody is not feasible due to high conflict, domestic violence, substance abuse, parental unfitness, or geographic distance;
- A court has found that a parent has perpetrated domestic violence, triggering the rebuttable presumption against custody to the perpetrator under Cal. Fam. Code section 3044;
- One parent is incarcerated, incapacitated, or otherwise unable to participate in shared custody;
- The parents have agreed that sole custody serves the children's best interests.
Important: Even when sole physical custody is awarded, California courts generally favor granting the noncustodial parent reasonable visitation unless visitation would be detrimental to the child. (Cal. Fam. Code § 3100.)
1. CASE AND COURT INFORMATION
Superior Court of California, County of [________________________________]
Case Number: [________________________________]
Department: [________________________________]
1.1 Parties
Petitioner / Custodial Parent:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California Driver's License or ID No.: [________________________________]
Respondent / Noncustodial Parent:
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
California Driver's License or ID No.: [________________________________]
1.2 Minor Child(ren)
| Child's Full Legal Name | Date of Birth | Age | Current School/Grade |
|---|---|---|---|
| [________________________________] | [__/__/____] | [____] | [________________________________] |
| [________________________________] | [__/__/____] | [____] | [________________________________] |
| [________________________________] | [__/__/____] | [____] | [________________________________] |
(Each individually a "Child" and collectively the "Children.")
1.3 Nature of Proceeding
This Sole Custody Agreement ("Agreement") is submitted in connection with:
☐ Dissolution of Marriage (Cal. Fam. Code § 2310 et seq.)
☐ Legal Separation (Cal. Fam. Code § 2310 et seq.)
☐ Parentage / Paternity Action (Cal. Fam. Code § 7600 et seq.)
☐ Post-Judgment modification
☐ Domestic Violence Proceeding (Cal. Fam. Code § 6200 et seq.)
☐ Other: [________________________________]
1.4 Effective Date
This Agreement shall become effective as of [__/__/____], or upon the date of the Court's order incorporating this Agreement, whichever is later.
1.5 Basis for Sole Custody
The Parents stipulate, and/or the Court finds, that sole custody is in the Children's best interests under Cal. Fam. Code section 3011 for the following reason(s):
☐ Mutual agreement of the Parents
☐ History of domestic violence (Cal. Fam. Code § 3044 — see Section 6)
☐ Substance abuse by the Noncustodial Parent: [________________________________]
☐ Geographic distance between the Parents' residences: [________________________________]
☐ Inability of Parents to cooperate effectively in joint custody
☐ Incarceration of the Noncustodial Parent: [________________________________]
☐ Mental health or incapacity of the Noncustodial Parent: [________________________________]
☐ Abandonment or prolonged absence by the Noncustodial Parent
☐ Court evaluation/recommendation (Cal. Fam. Code § 3111)
☐ Other: [________________________________]
2. SOLE LEGAL CUSTODY (CAL. FAM. CODE § 3006)
2.1 Award of Sole Legal Custody
[________________________________] ("Custodial Parent") shall have sole legal custody of the Children as defined by Cal. Fam. Code section 3006: the exclusive right and responsibility to make decisions relating to the health, education, and welfare of the Children.
2.2 Scope of Sole Legal Custody Authority
The Custodial Parent has the exclusive right to make all major decisions regarding the Children, including but not limited to:
(a) Education: School enrollment, school changes, special education services (IEP/504), tutoring, childcare/daycare, and homeschool decisions;
(b) Medical and Dental Care: Selection of healthcare providers, consent to medical and dental procedures, vaccinations, medications, and treatment plans;
(c) Mental Health: Initiation of counseling, therapy, psychiatric evaluation, and psychotropic medication;
(d) Religious Upbringing: Religious instruction, ceremonies, and regular religious observance;
(e) Extracurricular Activities: Enrollment in sports, arts, clubs, and other activities;
(f) Travel: Domestic and international travel;
(g) Legal Matters: Legal actions on behalf of the Children, including applying for passports.
2.3 Consultation with Noncustodial Parent
☐ Option A: No consultation required. The Custodial Parent has full authority to make all decisions without consulting the Noncustodial Parent.
☐ Option B: Courtesy consultation. The Custodial Parent is encouraged, but not required, to inform the Noncustodial Parent of major decisions when practicable. The Custodial Parent retains final authority.
☐ Option C: Consultation on specified matters. The Custodial Parent shall inform the Noncustodial Parent before making the following decisions, and shall consider the Noncustodial Parent's input, but the Custodial Parent retains final decision-making authority:
☐ School enrollment or changes
☐ Non-emergency medical procedures
☐ Mental health treatment
☐ Other: [________________________________]
3. SOLE PHYSICAL CUSTODY (CAL. FAM. CODE § 3007)
3.1 Award of Sole Physical Custody
[________________________________] ("Custodial Parent") shall have sole physical custody as defined by Cal. Fam. Code section 3007: the Children shall reside with and be under the supervision of the Custodial Parent, subject to the power of the court to order visitation.
3.2 Children's Residence
The Children shall reside with the Custodial Parent at:
Address: [________________________________]
City, State, ZIP: [________________________________]
School District: [________________________________]
3.3 Custodial Parent's Authority
The Custodial Parent shall have authority to determine the Children's day-to-day activities, routines, rules, discipline, and care.
4. NONCUSTODIAL PARENT VISITATION (CAL. FAM. CODE § 3100)
Under Cal. Fam. Code section 3100, the noncustodial parent is entitled to reasonable visitation unless visitation would be detrimental to the best interest of the child. Select the applicable visitation arrangement:
4.1 Visitation Type
☐ Option A: Standard Unsupervised Visitation
☐ Option B: Expanded Unsupervised Visitation
☐ Option C: Supervised Visitation (see Section 5)
☐ Option D: Therapeutic Visitation (see Section 5)
☐ Option E: No Visitation (only where court finds visitation would be detrimental)
☐ Option F: Custom Visitation Schedule
4.2 Option A — Standard Unsupervised Visitation Schedule
Regular Schedule:
- Alternating weekends: Friday at [____] PM to Sunday at [____] PM
- One (1) midweek visit: [________________________________] from [____] PM to [____] PM
☐ With overnight ☐ Dinner visit only
Holiday Schedule:
| Holiday | Even Years | Odd Years | Time Period |
|---|---|---|---|
| New Year's Day | Parent [____] | Parent [____] | [________________________________] |
| Martin Luther King Jr. Day | Parent [____] | Parent [____] | [________________________________] |
| Presidents' Day Weekend | Parent [____] | Parent [____] | [________________________________] |
| Spring Break | Parent [____] | Parent [____] | [________________________________] |
| Memorial Day Weekend | Parent [____] | Parent [____] | [________________________________] |
| Fourth of July | Parent [____] | Parent [____] | [________________________________] |
| Labor Day Weekend | Parent [____] | Parent [____] | [________________________________] |
| Halloween | Parent [____] | Parent [____] | [________________________________] |
| Thanksgiving (Wed. 6 PM – Sun. 6 PM) | Parent [____] | Parent [____] | [________________________________] |
| Winter Break — First Half | Parent [____] | Parent [____] | [________________________________] |
| Winter Break — Second Half | Parent [____] | Parent [____] | [________________________________] |
| Mother's Day | With Mother | With Mother | 9:00 AM – 7:00 PM |
| Father's Day | With Father | With Father | 9:00 AM – 7:00 PM |
| Child's Birthday | Parent [____] | Parent [____] | [________________________________] |
Holiday schedule supersedes the regular schedule.
Summer Vacation:
The Noncustodial Parent shall have [____] weeks of vacation time during summer break, with at least [____] days' written notice. The Custodial Parent shall have priority in selecting vacation dates in ☐ even / ☐ odd years.
4.3 Option B — Expanded Unsupervised Visitation Schedule
Regular Schedule:
- Alternating weekends: Friday after school to Monday morning school drop-off
- Two (2) midweek visits: [________________________________] and [________________________________], from after school to [____] AM (☐ with overnight) / [____] PM (☐ dinner only)
Holiday and Summer Schedule: As specified in the table above in Section 4.2, with [____] weeks of summer vacation time.
4.4 Option F — Custom Visitation Schedule
[________________________________]
[________________________________]
[________________________________]
4.5 Exchange Arrangements
Exchange Location:
☐ Custodial Parent's residence (curbside)
☐ School — Dropping-off Parent delivers; Receiving Parent picks up
☐ Neutral public location: [________________________________]
☐ Supervised exchange facility: [________________________________]
☐ Other: [________________________________]
Transportation:
☐ Noncustodial Parent responsible for all pick-up and drop-off
☐ Custodial Parent responsible for all pick-up and drop-off
☐ Shared — Each Parent meets the other halfway
☐ Other: [________________________________]
4.6 Communication Between Noncustodial Parent and Children
(a) The Custodial Parent shall facilitate reasonable phone and/or video communication between the Noncustodial Parent and the Children:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ [____] times per week at reasonable times
☐ As mutually agreed
(b) Neither Parent shall monitor, interfere with, or record the Children's communication with the other Parent, except as reasonably necessary for young children.
(c) The Noncustodial Parent shall have the right to send mail, cards, and gifts to the Children, and the Custodial Parent shall ensure the Children receive them.
4.7 Right of First Refusal
☐ Included: If the Custodial Parent is unavailable to personally care for the Children for more than [____] consecutive hours, the Custodial Parent shall first offer the Noncustodial Parent the opportunity to care for the Children before arranging third-party childcare.
☐ Not Included
5. SUPERVISED VISITATION (CAL. FAM. CODE § 3200 ET SEQ.)
5.1 Applicability
☐ Supervised visitation is not required. Skip to Section 6.
☐ Supervised visitation is required. Complete this Section.
5.2 Basis for Supervised Visitation
Supervised visitation is ordered/agreed upon based on:
☐ Domestic violence findings under Cal. Fam. Code § 3044
☐ Substance abuse history
☐ Mental health concerns
☐ History of child abuse or neglect
☐ Lack of established relationship between Noncustodial Parent and Children
☐ Reintroduction after prolonged absence
☐ Stipulation of the parties
☐ Court order following evaluation
☐ Other: [________________________________]
5.3 Supervision Arrangement
Type of supervision:
☐ Professional supervised visitation provider (Cal. Fam. Code § 3200.5)
☐ Supervised visitation center: [________________________________]
☐ Therapeutic visitation with licensed therapist: [________________________________]
☐ Supervision by a mutually agreed-upon third party: [________________________________]
Schedule:
Frequency: [________________________________]
Duration per visit: [________________________________]
Location: [________________________________]
Cost of supervision:
☐ Noncustodial Parent pays 100%
☐ Custodial Parent pays 100%
☐ Shared: [____]% Noncustodial / [____]% Custodial
☐ County provides at no cost (if available)
5.4 Conditions for Supervised Visitation
(a) The Noncustodial Parent shall comply with all rules of the supervisory provider or facility.
(b) The Noncustodial Parent shall not discuss the litigation, disparage the Custodial Parent, or make inappropriate remarks during visits.
(c) The supervisor has authority to terminate a visit if the Noncustodial Parent violates the conditions.
(d) ☐ The Noncustodial Parent shall submit to random drug/alcohol testing before or during visits.
5.5 Transition to Unsupervised Visitation
The parties agree that supervision may be lifted or modified upon:
☐ Mutual written stipulation of both Parents, filed with the court
☐ Court order following a hearing on a Request for Order (FL-300)
Conditions that must be satisfied before requesting unsupervised visitation:
☐ Successful completion of a 52-week batterer's intervention program (Cal. Penal Code § 1203.097)
☐ Successful completion of a substance abuse treatment program
☐ [____] consecutive months of clean drug/alcohol testing
☐ Successful completion of a parenting class
☐ [____] consecutive months of stable housing
☐ [____] consecutive months of compliance with supervised visitation schedule
☐ Positive recommendation from the visitation supervisor or therapist
☐ Completion of individual therapy: [________________________________]
☐ Compliance with probation/parole for [____] months
☐ Other: [________________________________]
Graduated transition plan (if applicable):
Phase 1 (months 1-[____]): Supervised visitation per the schedule above
Phase 2 (months [____]-[____]): Brief unsupervised visits of [____] hours
Phase 3 (months [____]-[____]): Extended unsupervised visits including overnight
Phase 4: Standard unsupervised visitation schedule
6. DOMESTIC VIOLENCE PROVISIONS (CAL. FAM. CODE § 3044)
6.1 Rebuttable Presumption
Under Cal. Fam. Code section 3044, if the court finds that a parent has perpetrated domestic violence within the previous five years against the other parent, a child, or a child's sibling, there is a rebuttable presumption that awarding sole or joint physical or legal custody to the perpetrator is detrimental to the best interests of the child.
6.2 Applicability
☐ Not Applicable — No domestic violence findings exist, and no allegations are pending.
☐ Section 3044 Finding Exists — The court has found that [________________________________] perpetrated domestic violence within the previous five years.
This finding was established by:
☐ Criminal conviction (within previous 5 years)
☐ Court finding in a prior family law proceeding
☐ Court finding in a DVRO proceeding
☐ Other: [________________________________]
6.3 Status of Presumption
☐ The presumption has not been overcome. Sole custody to [________________________________] is consistent with the presumption.
☐ The perpetrating parent asserts the presumption has been overcome by a preponderance of the evidence. The following factors under Cal. Fam. Code section 3044(b) have been satisfied:
☐ Completion of 52-week batterer's intervention program (Penal Code § 1203.097(c))
☐ Completion of substance abuse program (if applicable)
☐ Compliance with probation/parole
☐ Compliance with protective order for [____] months/years
☐ Compliance with the terms of any court-ordered restraining order
☐ Demonstration that granting custody to the perpetrating parent is in the best interests of the child
☐ Other: [________________________________]
6.4 Active Protective Orders
☐ No protective order is in effect.
☐ A Domestic Violence Restraining Order (DVRO) is in effect.
Case No.: [________________________________]
Expiration Date: [__/__/____]
This Agreement is consistent with the terms of the DVRO.
7. INFORMATION ACCESS AND SHARING
7.1 Noncustodial Parent's Right to Information
The Noncustodial Parent retains the right to access information about the Children, including:
(a) School Records: The Noncustodial Parent shall be listed as a parent on school records and may communicate directly with teachers and administrators. The Noncustodial Parent shall receive copies of report cards, progress reports, and notices of school events.
(b) Medical Records: The Noncustodial Parent may obtain medical, dental, and mental health records directly from healthcare providers (subject to applicable privacy laws).
(c) Notification of Emergencies: The Custodial Parent shall notify the Noncustodial Parent within [____] hours of any emergency, serious illness, injury, hospitalization, or involvement with law enforcement or Child Protective Services.
(d) Activity Information: The Custodial Parent shall provide reasonable notice of the Children's extracurricular activities, school events, and other significant occasions to permit the Noncustodial Parent to attend.
7.2 Limitations on Information Access
☐ No limitations apply.
☐ The following limitations apply due to safety concerns:
[________________________________]
8. RELOCATION / MOVE-AWAY (CAL. FAM. CODE §§ 7501, 3024)
8.1 Custodial Parent's Right to Relocate
Under Cal. Fam. Code section 7501, the Custodial Parent, as the parent entitled to custody, has a presumptive right to change the Children's residence, subject to the court's power to restrain a removal that would prejudice the rights or welfare of the Children. This right was affirmed in In re Marriage of Burgess (1996) 13 Cal.4th 25.
8.2 Notice of Relocation (Cal. Fam. Code § 3024)
Pursuant to Cal. Fam. Code section 3024, the Custodial Parent shall give written notice to the Noncustodial Parent at least [____] days before relocating the Children's residence. The notice shall include:
(a) The intended new address;
(b) The reason for the move;
(c) A proposed revised visitation schedule;
(d) The proposed effective date.
8.3 Noncustodial Parent's Right to Object
If the Noncustodial Parent objects to the relocation, the Noncustodial Parent may file a Request for Order (FL-300) seeking to prevent the move or modify custody. Under the Burgess standard, the Noncustodial Parent bears the burden of demonstrating that the proposed relocation would cause sufficient detriment to the Children to warrant a change of custody.
8.4 Geographic Restriction
☐ No geographic restriction applies. The Custodial Parent's right to relocate is governed by the Burgess standard and Cal. Fam. Code § 7501.
☐ By stipulation, the Custodial Parent agrees not to relocate the Children outside of [________________________________] without the Noncustodial Parent's written consent or a court order.
9. COVENANTS AND RESTRICTIONS
9.1 Non-Disparagement
Neither Parent shall make negative, derogatory, or disparaging remarks about the other Parent, the other Parent's family, or the other Parent's household in the Children's presence or hearing.
9.2 Non-Interference
The Noncustodial Parent shall not interfere with the Custodial Parent's decision-making authority, the Children's daily routine, or the Children's primary residence arrangement.
9.3 No Parental Alienation
Neither Parent shall engage in conduct designed to alienate the Children from the other Parent, undermine the parent-child relationship, or discourage the Children's affection for the other Parent.
9.4 Substance Use
(a) Neither Parent shall use controlled substances (except as lawfully prescribed) during parenting time or within [____] hours before parenting time begins.
(b) Neither Parent shall consume alcohol to the point of impairment during parenting time.
9.5 Firearms Safety
All firearms in either Parent's home shall be stored unloaded in a California DOJ-approved locked container or with a California DOJ-approved locking device (Cal. Penal Code § 25100 et seq.), with ammunition stored separately, inaccessible to the Children.
9.6 Return of Children
The Noncustodial Parent shall return the Children to the Custodial Parent at the scheduled time and location. Late returns without reasonable notice and good cause constitute a material breach of this Agreement.
9.7 Introduction of New Partners
☐ The Noncustodial Parent shall not introduce new romantic partners to the Children during visitation for at least [____] months.
☐ No restriction on introduction of new partners.
10. DISPUTE RESOLUTION
10.1 Mandatory Mediation (Cal. Fam. Code § 3170)
The Parents acknowledge that if any future dispute arises regarding custody or visitation, the court shall set contested issues for mediation through Family Court Services as required by Cal. Fam. Code section 3170.
10.2 Resolution Steps
Step 1: Direct written communication between Parents.
Step 2: Private mediation with a mutually agreed-upon mediator. Cost: ☐ Equal ☐ [____]% Custodial / [____]% Noncustodial.
Step 3: Filing a Request for Order (FL-300) and mandatory court mediation per Cal. Fam. Code § 3170.
Step 4: Court hearing applying the best-interests standard of Cal. Fam. Code § 3011.
10.3 Governing Law and Forum
This Agreement is governed by California law. The Superior Court of California, County of [________________________________], retains exclusive, continuing jurisdiction under Cal. Fam. Code section 3421 (UCCJEA).
10.4 Enforcement
This Agreement, once approved by the Court and incorporated as a court order, is enforceable by:
(a) Contempt proceedings (Cal. Code Civ. Proc. § 1218);
(b) Make-up visitation time;
(c) Modification of visitation (including imposition of supervision);
(d) Award of attorney's fees (Cal. Fam. Code § 271);
(e) Any other remedy available at law or equity.
11. CHILD'S PREFERENCE (CAL. FAM. CODE § 3042)
☐ Not Applicable — No Child is 14 or older.
☐ Child's Preference Considered — [________________________________] (Child's name), age [____], has expressed a preference regarding custody/visitation. The Parents have considered the Child's preference along with all other best-interest factors. ☐ The Child wishes to address the Court.
12. CHILD SUPPORT AND FINANCIAL PROVISIONS
12.1 Child Support
☐ Child support is addressed in a separate order/stipulation.
☐ Child support is addressed concurrently. See attached FL-342.
☐ The Noncustodial Parent shall pay guideline child support calculated under Cal. Fam. Code §§ 4050-4076 in the amount of $[________________________________] per month.
12.2 Health Insurance
☐ Custodial Parent ☐ Noncustodial Parent shall maintain health, dental, and vision insurance for the Children.
12.3 Unreimbursed Medical Expenses
Unreimbursed medical, dental, vision, and mental health expenses shall be allocated:
☐ 100% to Custodial Parent
☐ 100% to Noncustodial Parent
☐ [____]% Custodial / [____]% Noncustodial (proportional to income)
12.4 Childcare and Education Expenses
☐ Childcare costs: [____]% Custodial / [____]% Noncustodial
☐ School tuition (if applicable): [____]% Custodial / [____]% Noncustodial
☐ Extracurricular activity costs: ☐ Custodial Parent's discretion ☐ Shared [____]%/[____]%
13. MODIFICATION
13.1 Modification Standard
This Agreement, once incorporated as a court order, may be modified upon a showing of significant changed circumstances under Montenegro v. Diaz (2001) 26 Cal.4th 249, or upon the mutual written stipulation of both Parents with court approval.
13.2 Transition to Joint Custody
The Parents acknowledge that circumstances may change such that joint custody becomes appropriate. Either Parent may petition for modification to joint custody upon demonstrating changed circumstances and that joint custody would serve the Children's best interests.
14. GENERAL PROVISIONS
14.1 Integration
This Agreement constitutes the entire understanding between the Parents regarding custody and visitation of the Children.
14.2 Amendment
This Agreement may be modified only by written stipulation signed by both Parents and approved by the Court, or by court order following a hearing.
14.3 Severability
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
14.4 Counterparts and Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature.
14.5 Notice
All written notices shall be sent to the addresses listed in Section 1.1 or to such other address as a Parent may designate in writing.
15. JUDICIAL COUNCIL FORMS CHECKLIST
☐ FL-300 — Request for Order (if filing as a motion)
☐ FL-311 — Child Custody and Visitation (Parenting Time) Application Attachment
☐ FL-341 — Child Custody and Visitation (Parenting Time) Order Attachment
☐ FL-341(C) — Children's Holiday Schedule Attachment
☐ FL-341(D) — Additional Provisions — Physical Custody Attachment
☐ FL-150 — Income and Expense Declaration (if child support is also at issue)
☐ FL-342 — Child Support Information and Order Attachment
☐ DV-100 / DV-110 — DVRO forms (if applicable)
16. EXECUTION
IN WITNESS WHEREOF, the Parents have executed this Agreement as of the date(s) set forth below, and request that the Court approve and incorporate this Agreement as a court order.
CUSTODIAL PARENT / PETITIONER:
Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]
NONCUSTODIAL PARENT / RESPONDENT:
Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]
ATTORNEY FOR CUSTODIAL PARENT (if applicable):
Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]
ATTORNEY FOR NONCUSTODIAL PARENT (if applicable):
Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]
17. ORDER OF THE COURT
GOOD CAUSE APPEARING, the Court, having reviewed the foregoing Stipulation and finding that it serves the best interests of the minor child(ren) under Cal. Fam. Code section 3011:
IT IS HEREBY ORDERED that the Stipulation is approved and incorporated as an order of this Court. Sole legal and physical custody is awarded to [________________________________], with visitation to [________________________________] as set forth above, effective [__/__/____].
The Court has reviewed the stipulation for compliance with:
☐ Cal. Fam. Code § 3011 (best interests factors)
☐ Cal. Fam. Code § 3044 (domestic violence presumption)
☐ Cal. Fam. Code § 3100 (noncustodial parent's right to visitation)
Date: [__/__/____]
_________________________________
Judge of the Superior Court
County of [________________________________]
Sources and References
California Family Code — Sole Custody Provisions
- Cal. Fam. Code §§ 3006–3007 — Sole Custody Definitions: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=8.&title=&part=2.&chapter=1.&article=
- Cal. Fam. Code § 3011 — Best Interests Factors: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3011
- Cal. Fam. Code § 3044 — Domestic Violence Presumption: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3044
- Cal. Fam. Code § 3100 — Visitation Rights: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3100
- Cal. Fam. Code § 3200 — Supervised Visitation Providers: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3200
- Cal. Fam. Code § 7501 — Right to Change Residence: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=7501
Key Case Law
- In re Marriage of Burgess (1996) 13 Cal.4th 25 — Custodial parent's presumptive right to relocate
- Montenegro v. Diaz (2001) 26 Cal.4th 249 — Changed circumstances standard for modification
Judicial Council Forms
- FL-300 — Request for Order: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl300.pdf
- FL-311 — Child Custody and Visitation Application Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl311.pdf
- FL-341 — Child Custody and Visitation Order Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl341.pdf
Additional Resources
- California Courts Self-Help — Child Custody: https://selfhelp.courts.ca.gov/child-custody
- California Courts Self-Help — Domestic Violence and Custody: https://selfhelp.courts.ca.gov/domestic-violence-child-custody
Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.
About This Template
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: April 2026
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