California Sole Custody Agreement

CALIFORNIA SOLE CUSTODY AGREEMENT

Stipulation and Order for Sole Legal and/or Physical Custody

CALIFORNIA LEGAL CONTEXT

Cal. Fam. Code § 3040(a)(1) places joint custody of both parents and custody of either parent in the same preference category, subject to the child's best interests. Section 3040(e) creates no preference or presumption for or against joint legal custody, joint physical custody, or sole custody. The court must evaluate the proposed arrangement on the facts of the child and family.

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: The court grants a parent reasonable visitation when visitation is shown to serve the child's best interests, consistent with Cal. Fam. Code §§ 3011 and 3020. Protective-order and safety provisions may require limits or denial. (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)

(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(a), the court grants reasonable visitation when it is shown to serve the child's best interests. Select the arrangement the court approves:

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 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 qualifying batterer's treatment program (Cal. Penal Code § 1203.097(c))
☐ 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 seeking custody has perpetrated domestic violence within the previous five years against the other party seeking custody, the Child or the Child's siblings, or another qualifying person described in Cal. Fam. Code section 3011(a)(2)(A), there is a rebuttable presumption that awarding sole or joint physical or legal custody to the perpetrator is detrimental to the Child's best interest.

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 court must find that custody to the perpetrator is in the Child's best interest and evaluate all applicable factors under Cal. Fam. Code section 3044(b)(2):
☐ Completion of a qualifying batterer's treatment program (Penal Code § 1203.097(c))
☐ Completion of alcohol or drug abuse counseling, if appropriate
☐ Completion of a parenting class, if appropriate
☐ Compliance or noncompliance with probation or parole
☐ Compliance or noncompliance with a protective or restraining order
☐ Whether further acts of domestic violence have occurred
☐ Any firearm-or-ammunition violation finding described in Cal. Fam. Code § 3044(b)(2)(G)
☐ Other evidence relevant to the required best-interest finding: [________________________________]

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, a parent entitled to custody may change the Children's residence, subject to the court's power to restrain a removal that would prejudice their rights or welfare. The standard for a contested move depends on whether the court has made a final custody determination, as explained below.

8.2 Notice of Relocation (Cal. Fam. Code § 3024)

If the custody order contains a notice provision under Cal. Fam. Code section 3024, the Custodial Parent shall give notice before a change of the Children's residence lasting more than 30 days by mail, return receipt requested, postage prepaid, to the Noncustodial Parent's last known address, with a copy to counsel of record. To the extent feasible, notice shall be provided at least 45 days before the proposed move. The Parties additionally agree that the notice will state the intended new address, reason for the move, proposed effective date, and proposed revised visitation schedule.

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. If a final judicial custody determination awards the Custodial Parent sole physical custody, the other parent must show that the move would harm the Children before the court considers changing custody. If there is no final custody determination, the court decides the proposed arrangement under the Children's best interests without a presumption based on physical custody. A stipulated custody order is final for this purpose only if the parties clearly indicated that they intended it to be final.

8.4 Geographic Restriction

☐ No geographic restriction applies. The Custodial Parent's right to relocate is governed by Cal. Fam. Code § 7501 and the applicable custody-order standard described above.

☐ 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 a future petition, application, or other pleading seeks to obtain or modify custody or visitation and the issue is contested, the court shall set the contested issues for mediation through Family Court Services as required by Cal. Fam. Code section 3170.

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. A California court that made a custody determination consistent with Cal. Fam. Code section 3421 or 3423 has exclusive, continuing jurisdiction only while the conditions in Cal. Fam. Code section 3422 remain satisfied.

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)

☐ No Preference Reported — No Child has expressed a preference or asked to address the Court. A Child under 14 may still provide input if the Court finds it appropriate under section 3042.

☐ 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 § 4055 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

After court approval, a modification is subject to the changed-circumstance rule only if this stipulated order clearly indicates that the Parents intended a final custody determination. Otherwise, the court applies the Children's best interests. The Parents may also seek court approval of a later written stipulation. (Montenegro v. Diaz (2001) 26 Cal.4th 249.)

13.2 Transition to Joint Custody

The Parents acknowledge that joint custody may later serve the Children's best interests. Either Parent may ask the court to modify this arrangement to joint custody. The court applies the standard in Section 13.1, depending on whether this stipulated order was intended as a final custody determination.

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 [__/__/____].

Jurisdictional basis (Fam. Code § 3048(a)(1)): [________________________________]

Notice and opportunity to be heard (Fam. Code § 3048(a)(2)): [________________________________]

Custody and visitation rights of each party (Fam. Code § 3048(a)(3)): [Summarize or identify the specific incorporated sections: ________________________________]

Country of the Children's habitual residence (Fam. Code § 3048(a)(5)): [________________________________]

Notice under Fam. Code § 3048(a)(4): A violation of this order may subject the party in violation to civil or criminal penalties, or both.

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&sectionNum=3011
• Cal. Fam. Code § 3044 — Domestic Violence Presumption: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3044
• Cal. Fam. Code § 3100 — Visitation Rights: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3100
• Cal. Fam. Code § 3200 — Supervised Visitation Providers: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3200
• Cal. Fam. Code § 7501 — Right to Change Residence: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=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 — A stipulated order triggers the changed-circumstance rule only with a clear indication that the parties intended a final custody determination

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.