California Temporary Custody Agreement

CALIFORNIA TEMPORARY CUSTODY AGREEMENT

Stipulation for Temporary Custody Pending Resolution of Permanent Custody

CALIFORNIA LEGAL CONTEXT FOR TEMPORARY CUSTODY

Temporary custody arrangements in California arise in several distinct contexts, each governed by different statutory provisions:

1. Temporary Custody Orders During Litigation (Cal. Fam. Code §§ 3060–3064)
During pending dissolution, legal separation, or parentage proceedings, the court may issue temporary custody orders that remain in effect until a final order is entered. These orders are governed by the best-interests standard of Cal. Fam. Code section 3011.

2. Emergency Ex Parte Custody Orders (Cal. Fam. Code § 3064; Judicial Council Form FL-305)
A party may request immediate temporary emergency orders without notice to the other party only upon showing that the Children face "immediate harm" or "immediate risk of being removed from the State of California." The court uses Judicial Council Form FL-305 for emergency orders, which expire on the date of the noticed hearing.

3. Caregiver's Authorization Affidavit (Cal. Fam. Code § 6550)
When a parent is temporarily unable to care for a child and places the child with a relative or other caregiver, a Caregiver's Authorization Affidavit allows the caregiver to enroll the child in school and consent to medical care without a court order. This is the simplest option for temporary informal arrangements.

4. Power of Attorney for Care of a Minor (Cal. Prob. Code §§ 4260–4265)
A parent may execute a power of attorney delegating authority to a caregiver for a defined period. This provides broader authority than a Caregiver's Authorization Affidavit but does not require court approval.

Important Distinction: A temporary custody order entered by a court during litigation is not a "final" order for purposes of the changed-circumstances standard under Montenegro v. Diaz (2001) 26 Cal.4th 249. This means a temporary order may be modified based solely on the Children's best interests, without requiring a threshold showing of changed circumstances.

1. CASE AND COURT INFORMATION

Superior Court of California, County of [________________________________]

Case Number: [________________________________] (☐ Existing case ☐ New filing)

Department: [________________________________]

1.1 Parties

Party A (Parent / Custodial Parent):
Full Legal Name: [________________________________]
Relationship to Children: ☐ Biological Parent ☐ Legal Parent ☐ Adoptive Parent
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Party B (Other Parent / Temporary Custodian):
Full Legal Name: [________________________________]
Relationship to Children: ☐ Biological Parent ☐ Legal Parent ☐ Adoptive Parent ☐ Grandparent ☐ Other Relative: [________________________________] ☐ Nonrelative: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

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

1.3 Nature of Proceeding

This Temporary Custody Agreement is submitted in connection with:

☐ Dissolution of Marriage (Cal. Fam. Code § 2310 et seq.) — temporary orders pending trial
☐ Legal Separation — temporary orders pending trial
☐ Parentage / Paternity Action (Cal. Fam. Code § 7600 et seq.) — temporary orders pending determination
☐ Request for temporary emergency custody (Cal. Fam. Code § 3064)
☐ Voluntary delegation of custody to nonparent caregiver
☐ Parent's military deployment (Servicemembers Civil Relief Act)
☐ Parent's medical incapacity or hospitalization
☐ Parent's temporary work assignment / extended travel
☐ Child Protective Services (CPS) involvement — voluntary plan
☐ Other: [________________________________]

2. DURATION OF TEMPORARY CUSTODY

2.1 Effective Date

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

2.2 Termination

This Agreement shall terminate on the earliest of:

(a) Specified End Date: [__/__/____];

(b) Entry of Permanent Order: The date the Court enters a permanent custody order following trial, stipulated judgment, or other final resolution;

(c) Resolution of Triggering Event:
☐ Parent's return from military deployment
☐ Parent's recovery from medical condition
☐ Parent's return from extended work assignment/travel
☐ Resolution of CPS investigation
☐ Other: [________________________________]

(d) Written Notice: Either party provides [____] days' written notice of intent to terminate, subject to court approval if this Agreement has been incorporated as a court order;

(e) Court Order: The Court orders termination or modification of this Agreement;

(f) Mutual Written Agreement: Both parties agree in writing to terminate.

2.3 Temporary Nature Acknowledged

The parties expressly acknowledge:
(a) This is a temporary arrangement and does not constitute a permanent custody determination;
(b) This Agreement does not create a presumption regarding permanent custody;
(c) This Agreement does not constitute abandonment or waiver of parental rights;
(d) Under Montenegro v. Diaz (2001) 26 Cal.4th 249, a temporary order may be modified without meeting the changed-circumstances threshold required for final orders.

3. TEMPORARY CUSTODY ARRANGEMENT

3.1 Type of Temporary Arrangement

Select the applicable arrangement:

☐ Option A: Temporary Custody Between Two Parents Pending Litigation

During the pendency of the underlying proceeding, custody shall be as follows:

Temporary Legal Custody:
☐ Joint Legal Custody (Cal. Fam. Code § 3003) — both Parents share decision-making
☐ Sole Legal Custody to [________________________________] (Cal. Fam. Code § 3006)

Temporary Physical Custody:
☐ Joint Physical Custody (Cal. Fam. Code § 3004)
☐ Primary Physical Custody to [________________________________], with parenting time to [________________________________] as set forth in Section 4
☐ Sole Physical Custody to [________________________________] (Cal. Fam. Code § 3007), with visitation as set forth in Section 4

☐ Option B: Temporary Custody to Nonparent Caregiver

Temporary physical custody of the Children is delegated to [________________________________] ("Temporary Custodian") for the duration of the Temporary Period.

Authority delegated to Temporary Custodian:
☐ Day-to-day care and routine decisions only — Parent retains legal custody and authority for all major decisions
☐ Day-to-day care plus authority to consent to routine medical care and school enrollment
☐ Full temporary legal and physical custody — Temporary Custodian has authority for all decisions during the Temporary Period

☐ Option C: Emergency Temporary Custody (Cal. Fam. Code § 3064)

Emergency temporary custody is sought/granted due to:
☐ Immediate harm to the Children
☐ Immediate risk of removal from California
☐ Other emergency: [________________________________]

Note: If seeking emergency ex parte orders, file Judicial Council Form FL-300 (Request for Order) with Form FL-305 (Temporary Emergency (Ex Parte) Orders) and Form FL-306 (Application and Declaration for Emergency Orders). Emergency orders expire on the date of the noticed hearing, typically 20-25 days after issuance.

3.2 Children's Temporary Residence

The Children shall reside primarily with [________________________________] at:
Address: [________________________________]
City, State, ZIP: [________________________________]

☐ The Children shall continue attending their current school: [________________________________]
☐ The Children shall temporarily attend: [________________________________]
School District: [________________________________]

4. TEMPORARY PARENTING TIME / VISITATION SCHEDULE

4.1 Schedule During Temporary Period

☐ Option A: Structured Schedule

Regular Schedule:
Parent A's time: [________________________________]
Parent B's time: [________________________________]

Exchanges at: ☐ School ☐ [________________________________]
Exchange times: [________________________________]
Transportation: ☐ Receiving parent picks up ☐ Dropping-off parent delivers ☐ Other: [________________________________]

Holiday Schedule:
☐ See attached schedule (use Judicial Council Form FL-341(C) as a guide)
☐ Holidays alternate per the following:
Thanksgiving: [________________________________]
Winter Break: [________________________________]
Spring Break: [________________________________]
Summer: [________________________________]
Other: [________________________________]

☐ Option B: Reasonable Visitation as Agreed

The noncustodial parent / nonresidential party shall have reasonable visitation as mutually agreed, with a minimum of:
[________________________________]

☐ Option C: Supervised Visitation

[________________________________] shall have supervised visitation:
Frequency: [________________________________]
Duration: [________________________________]
Location: ☐ Supervised visitation center: [________________________________] ☐ In the presence of: [________________________________]
Cost: ☐ Visiting parent pays ☐ Shared ☐ Other: [________________________________]

☐ Option D: Virtual/Remote Contact Only

Due to [________________________________] (distance, deployment, incapacity, etc.), in-person visitation is not feasible during the Temporary Period. The absent parent shall maintain contact through:
☐ Video calls: [____] times per week at approximately [____] AM/PM for [____] minutes
☐ Phone calls: [____] times per week
☐ Written correspondence (letters, email, cards)
☐ Other: [________________________________]

☐ Option E: No Visitation

Visitation is suspended during the Temporary Period due to:
☐ Safety concerns: [________________________________]
☐ Active restraining order (Case No.: [________________________________])
☐ Incarceration
☐ Other: [________________________________]

4.2 Right of First Refusal

☐ Included: If the custodial party is unavailable for more than [____] consecutive hours, the noncustodial party shall be offered the opportunity to care for the Children first.

☐ Not Included

5. DECISION-MAKING DURING THE TEMPORARY PERIOD

5.1 Major Decisions

During the Temporary Period, major decisions regarding the Children shall be made as follows:

5.2 Emergency Decisions

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

6. FINANCIAL RESPONSIBILITIES DURING TEMPORARY PERIOD

6.1 Temporary Child Support

☐ Option A: Guideline Support. [________________________________] shall pay temporary child support of $[________________________________] per month, calculated under Cal. Fam. Code §§ 4050–4076.

☐ Option B: Direct Payment of Expenses. [________________________________] shall pay the following Children's expenses directly:
☐ Health insurance premiums
☐ School tuition: $[________________________________]/month
☐ Childcare/daycare: $[________________________________]/month
☐ Extracurricular activities: $[________________________________]/month
☐ Other: [________________________________]

☐ Option C: No Support During Temporary Period. The Temporary Custodian assumes financial responsibility. [________________________________] (specify reason: e.g., Parent is incapacitated, deployed, etc.)

☐ Option D: To Be Determined. Temporary support shall be determined by the court at the hearing on [__/__/____].

6.2 Health Insurance

☐ [________________________________] shall maintain health, dental, and vision insurance for the Children.

6.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, and mental health expenses shall be allocated:
☐ 100% to Party A ☐ 100% to Party B ☐ [____]% Party A / [____]% Party B

7. COMMUNICATION AND REPORTING

7.1 Communication Between Parties

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

7.2 Reporting Obligations

The party with physical custody shall provide:
(a) Weekly updates on the Children's health, activities, and well-being;
(b) Immediate notification of any illness, injury, emergency, or contact with law enforcement or CPS;
(c) Copies of school reports, medical records, and other important documents within [____] days of receipt;
(d) Notice of any proposed change in the Children's living situation.

7.3 Parent-Child Communication

☐ The party without physical custody shall have phone/video contact with the Children:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ [____] times per week at reasonable times
☐ As mutually agreed

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

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

☐ Not Applicable — No domestic violence findings or allegations.

☐ Active Protective Order — A DVRO or other protective order is in effect. Case No.: [________________________________]. Expiration: [__/__/____]. This Agreement is consistent with the protective order.

☐ Section 3044 Finding — A court has found domestic violence. Custody provisions of this Agreement reflect the rebuttable presumption under Cal. Fam. Code § 3044.

If domestic violence is involved and emergency orders are sought: Pursuant to Cal. Fam. Code section 3064, emergency ex parte orders may be obtained when there is a showing of immediate harm. The mandatory mediation requirement under Cal. Fam. Code section 3170 does not apply to ex parte proceedings, but separate mediation protocols apply in domestic violence cases under Cal. Fam. Code section 3181.

9. RETURN OF CHILDREN / TRANSITION TO PERMANENT ARRANGEMENT

9.1 Return to Parent (If Custody Delegated to Nonparent)

Upon termination of this Agreement:
(a) The Temporary Custodian shall return the Children to the Parent within [____] days;
(b) The Temporary Custodian shall not withhold the Children or assert independent custody rights based on this temporary arrangement.

9.2 Graduated Transition (If Applicable)

☐ Immediate return — The Children shall return to the Parent's full custody immediately upon termination.

☐ Graduated transition — To minimize disruption to the Children, the transition shall occur over [____] weeks:
Phase 1 (Week 1): [________________________________]
Phase 2 (Week 2): [________________________________]
Phase 3 (Week 3+): Full custody resumed

9.3 Transition to Permanent Custody Order

If this temporary arrangement is in connection with pending litigation:
(a) The parties shall work toward a permanent custody resolution through negotiation, mediation, and/or trial;
(b) The temporary arrangement shall remain in effect until replaced by a permanent order;
(c) Neither party shall cite the terms of this temporary arrangement as establishing a status quo for purposes of permanent custody, except as may be relevant to the Children's best interests.

10. CAREGIVER AUTHORIZATION AND POWER OF ATTORNEY

10.1 Caregiver's Authorization Affidavit (Cal. Fam. Code § 6550)

☐ Not Applicable
☐ Applicable — In addition to this Agreement, the Parent shall execute a Caregiver's Authorization Affidavit (Cal. Fam. Code § 6550) to enable the Temporary Custodian to:
(a) Enroll the Children in school without a court order;
(b) Consent to school-related medical care.

Note: A Caregiver's Authorization Affidavit is valid for one year and must be re-executed annually.

10.2 Power of Attorney for Care of Minor (Cal. Prob. Code §§ 4260–4265)

☐ Not Applicable
☐ Applicable — The Parent shall execute a Power of Attorney for Care of a Minor granting the Temporary Custodian authority to:
☐ Consent to medical, dental, and mental health care
☐ Enroll the Children in school
☐ Obtain records on behalf of the Children
☐ Make day-to-day decisions
☐ Other: [________________________________]

Duration: The Power of Attorney shall remain in effect for the Temporary Period or until revoked in writing by the Parent.

11. DISPUTE RESOLUTION

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

If any dispute arises regarding temporary custody or visitation, the court shall set contested issues for mediation through Family Court Services as required by Cal. Fam. Code section 3170, unless emergency circumstances apply.

11.2 Resolution Steps

Step 1: Direct communication between the parties.
Step 2: Private mediation. Cost: ☐ Equal ☐ Other: [________________________________]
Step 3: Filing a Request for Order (FL-300) and mandatory court mediation.
Step 4: Court hearing.

11.3 Governing Law and Forum

This Agreement is governed by California law. The Superior Court of California, County of [________________________________], retains jurisdiction.

12. COVENANTS AND RESTRICTIONS

12.1 Non-Disparagement

Neither party shall make disparaging remarks about the other party in the Children's presence.

12.2 No Relocation

The party with physical custody shall not relocate the Children outside of [________________________________] without the other party's written consent or a court order.

12.3 Substance Use

Neither party shall use controlled substances (except as lawfully prescribed) or consume alcohol to the point of impairment while caring for the Children.

12.4 Firearms Safety

All firearms shall be stored in compliance with Cal. Penal Code section 25100 et seq. — unloaded in a California DOJ-approved locked container with ammunition stored separately, inaccessible to the Children.

12.5 No Transfer to Third Parties

The party with custody shall not delegate custody to a third party without the other party's written consent, except for normal childcare, school, and scheduled activities.

13. GENERAL PROVISIONS

13.1 Integration

This Agreement constitutes the entire understanding regarding temporary custody of the Children.

13.2 Temporary Nature

This Agreement is explicitly temporary and shall not be construed as a permanent custody determination, an admission regarding permanent custody, or a waiver of any party's rights in permanent custody proceedings.

13.3 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

13.4 Amendment

This Agreement may be modified by written agreement of both parties, subject to court approval if incorporated as a court order.

13.5 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature.

13.6 Notice

All notices shall be sent to the addresses in Section 1.1 or to updated addresses provided in writing.

14. JUDICIAL COUNCIL FORMS CHECKLIST

Depending on the type of temporary custody sought, the following forms may be required:

For Temporary Orders During Litigation:
☐ FL-300 — Request for Order
☐ FL-311 — Child Custody and Visitation Application Attachment
☐ FL-341 — Child Custody and Visitation Order Attachment
☐ FL-341(C) — Children's Holiday Schedule Attachment
☐ FL-150 — Income and Expense Declaration

For Emergency Ex Parte Orders:
☐ FL-300 — Request for Order
☐ FL-305 — Temporary Emergency (Ex Parte) Orders
☐ FL-306 — Application and Declaration for Emergency Orders (if required by local court)
☐ FL-311 — Child Custody and Visitation Application Attachment

For Nonparent Caregiver Arrangements:
☐ Caregiver's Authorization Affidavit (Cal. Fam. Code § 6550)
☐ Power of Attorney for Care of a Minor (Cal. Prob. Code §§ 4260–4265)

15. EXECUTION

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below.

PARTY A:

Signature: _________________________________
Print Name: [________________________________]
Relationship to Children: [________________________________]
Date: [__/__/____]

PARTY B:

Signature: _________________________________
Print Name: [________________________________]
Relationship to Children: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARTY A (if applicable):

Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARTY B (if applicable):

Signature: _________________________________
Print Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

16. ORDER OF THE COURT (IF APPLICABLE)

GOOD CAUSE APPEARING, the Court, having reviewed the foregoing Stipulation for Temporary Custody 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 a temporary order of this Court, effective [__/__/____].

☐ This order shall remain in effect until [__/__/____] or until further order of the Court, whichever is earlier.
☐ This order shall remain in effect pending hearing on [__/__/____] in Department [________________________________].
☐ This order is an emergency ex parte order pursuant to Cal. Fam. Code § 3064 and expires on [__/__/____] (date of noticed hearing).

The Court has reviewed the stipulation for compliance with:
☐ Cal. Fam. Code § 3011 (best interests factors)
☐ Cal. Fam. Code § 3044 (domestic violence screening)
☐ Cal. Fam. Code § 3064 (emergency orders — immediate harm standard)

Date: [__/__/____]

_________________________________
Judge of the Superior Court
County of [________________________________]

Sources and References

California Family Code — Temporary Custody Provisions

• Cal. Fam. Code §§ 3060–3064 — Temporary Custody Orders: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=8.&title=&part=2.&chapter=3.&article=
• Cal. Fam. Code § 3011 — Best Interests Factors: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3011
• Cal. Fam. Code § 3064 — Emergency Ex Parte Custody Orders: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3064
• Cal. Fam. Code § 6550 — Caregiver's Authorization Affidavit: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6550
• Cal. Prob. Code §§ 4260–4265 — Power of Attorney for Care of a Minor: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=4.5.&title=&part=2.&chapter=2.&article=2.

Key Case Law

• Montenegro v. Diaz (2001) 26 Cal.4th 249 — Distinguishing temporary vs. final orders for modification purposes

Judicial Council Forms

• FL-300 — Request for Order: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl300.pdf
• FL-305 — Temporary Emergency (Ex Parte) Orders: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl305.pdf
• FL-311 — Child Custody and Visitation Application Attachment: https://courts.ca.gov/sites/default/files/courts/default/2024-11/fl311.pdf

Additional Resources

• California Courts Self-Help — Ask for Emergency Orders: https://selfhelp.courts.ca.gov/ask-emergency-ex-parte-order
• California Courts Self-Help — Child Custody: https://selfhelp.courts.ca.gov/child-custody

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