A California child custody case runs on Judicial Council forms, and the set you need depends on three things: whether you’re opening a new case, whether you and the other parent were married, and whether you’re asking for temporary, emergency, or modified orders. Most parents starting a case file between five and ten forms. Every form must be the current version published by the Judicial Council, and all of them are free to download.
Which Forms You Need, by Situation
Before working through each form in detail, here is the practical breakdown of what belongs in each type of filing:
- New case, married or registered domestic partners: FL-100, FL-110, FL-105, FL-311, and the applicable FL-341 attachments. The other parent responds with FL-120 and their own FL-105.
- New case, unmarried parents: FL-200, FL-110, FL-105, FL-311, and the applicable FL-341 attachments. The other parent responds with FL-220 and their own FL-105.
- Temporary orders during a pending case: FL-300 with FL-311 and FL-341 attachments.
- Emergency (ex parte) orders: FL-305, typically filed alongside an FL-300.
- Modifying an existing order: FL-300, a new FL-105, FL-311, and applicable FL-341 attachments.
- Fee waiver: FW-001, filed with your petition or any later filing.
- Proof of service: FL-115, filed after the other parent has been served.
The Petition That Opens Your Case
Every custody case begins with a petition filed in the Superior Court of the county where the child lives. Which petition you file depends on your relationship with the other parent.
Married spouses and registered domestic partners file the Petition—Marriage/Domestic Partnership (FL-100) to start a divorce, legal separation, or annulment that includes custody requests. Item 6 of that form is where you check boxes for legal custody, physical custody, and visitation, and indicate which FL-311 and FL-341 attachments you’re including.1Judicial Council of California. Petition—Marriage/Domestic Partnership (Family Law)
Unmarried parents file the Petition to Determine Parental Relationship (FL-200) to establish legal parentage and request custody orders at the same time. Item 8 of that form holds the custody requests.2Judicial Council of California. FL-200 Petition to Determine Parental Relationship
With either petition, you also prepare the Summons (FL-110). The summons tells the other parent that a case has been opened and warns them that failing to file a response within 30 calendar days could result in the court making custody and support orders without their input.3Judicial Council of California. California Judicial Council Form FL-110 – Summons (Family Law) The response the other parent files mirrors the petition: FL-120 answers an FL-100, and FL-220 answers an FL-200.4California Courts Self-Help Guide. Response—Marriage/Domestic Partnership (Family Law) (FL-120)
The UCCJEA Declaration (FL-105) Is Mandatory
Every initial custody filing must include a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105). The form asks for the child’s addresses over the past five years and requires you to disclose any other court cases involving the child, in California or any other state.5Judicial Council of California. California Judicial Council Form FL-105/GC-120 – Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) The court uses it to confirm it has authority to make custody orders. Skip the FL-105 and the clerk will reject your filing. The other parent also needs to file their own FL-105 with their response, and a new FL-105 is required again any time you ask to modify an existing order.
Custody and Visitation Attachments: FL-311 and the FL-341 Series
The petition and UCCJEA declaration establish the case. The attachments are where you spell out the custody arrangement you actually want.
FL-311: The Core Request
The Child Custody and Visitation (Parenting Time) Application Attachment (FL-311) is where you tell the court whether you’re requesting sole or joint legal custody, sole or joint physical custody, and what visitation schedule you propose.6Judicial Council of California. FL-311 Child Custody and Visitation (Parenting Time) Application Attachment Legal custody covers the right to make major decisions about your child’s health, education, and welfare. Physical custody determines where your child lives day to day. You can request different arrangements for each; joint legal custody with sole physical custody, for example, is common.
FL-341 Series: The Details That Make an Order Enforceable
The FL-341 series forms are optional attachments, but without them a vague order tends to produce the next round of court filings.
- FL-341(C) is the Children’s Holiday Schedule Attachment. It divides holidays between parents by odd and even years, or every year for some holidays, and overrides regular parenting time whenever a holiday falls on a normal custody day. It also includes vacation notification rules requiring a set number of days’ written notice before a parent takes the child on a trip.7Judicial Council of California. FL-341(C) Children’s Holiday Schedule Attachment
- FL-341(D) specifies exact days, times, and exchange locations for regular visitation.
- FL-341(E) lays out how parents will communicate and share decision-making on education, healthcare, and extracurricular activities under joint legal custody.
Temporary Orders: FL-300
Custody cases can take months to reach a final order. If you need the court to make decisions in the meantime, file a Request for Order (FL-300). The FL-300 asks the judge to set a hearing and make temporary custody and visitation orders while the case is pending.8California Courts. Request for Order (FL-300) You attach the same FL-311 and FL-341 series forms to describe the arrangement you want. The court sets a hearing date, and you serve the other parent with the FL-300 package in advance so they can respond.
Emergency Orders: FL-305
When there isn’t time to wait for a regular hearing, you can ask for emergency (ex parte) orders using form FL-305. The court defines an emergency as an immediate danger of irreparable harm to you or your child, an immediate risk that the child will be taken out of California, or loss or damage to property.9California Courts. Ask for an Emergency (Ex Parte) Order A parent planning to take the child out of the country next week without your agreement qualifies. A disagreement over bedtime routines does not. Emergency orders, if granted, remain in effect only until the court holds a full hearing with both parents present.
Modifying an Existing Custody Order
Once a final custody order is in place, changing it takes a different approach than opening a new case. You don’t file a new petition. You file a Request for Order (FL-300) in the existing case, explaining what you want changed and why, and attach an updated FL-311 and any FL-341 series forms showing the new arrangement you propose.8California Courts. Request for Order (FL-300) A new FL-105 is also required to update the court on the child’s current address and any new proceedings.5Judicial Council of California. California Judicial Council Form FL-105/GC-120 – Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
For joint custody arrangements, Family Code Section 3087 allows modification when it’s shown to be in the child’s best interest. For sole custody orders, courts generally require a showing that circumstances have genuinely changed since the last order.
Fee Waiver: FW-001
The filing fee for a new family law case in California is $435 as of January 2026.10Superior Court of California. Statewide Civil Fee Schedule Riverside, San Bernardino, and San Francisco add a local surcharge for courthouse construction. A Request for Order carries an additional fee of $60 to $85.11California Courts. File Your Petition and Summons
If you can’t afford the fees, file a Request to Waive Court Fees (FW-001) at the same time as your petition. You qualify if you receive public benefits, earn below a set income threshold, or can’t cover both court fees and basic living expenses.12California Courts. Request to Waive Court Fees The waiver covers filing fees, service by the sheriff, and other court costs.
Proof of Service: FL-115
Filing the papers doesn’t bring the other parent into the case. Someone at least 18 years old who is not a party to the case must deliver copies of the summons, petition, FL-105, and attachments to the other parent, along with blank response forms and a blank FL-105 so they can reply. After service is complete, the server fills out and signs the Proof of Service of Summons (FL-115), and you file it with the court.13Judicial Council of California. Proof of Service of Summons (Family Law—Uniform Parentage—Custody and Support) Until FL-115 is on file, the case does not move forward. The other parent’s 30-day response clock starts on the date they were served, not the date you filed.
Where to Get the Forms
All Judicial Council forms are available for free on the California Courts website. Every courthouse also has a self-help center where staff can help you identify which forms your situation requires, though they are not permitted to give legal advice about what to put in them.