California Form FL-260, the Petition for Custody and Support of Minor Children, is the form you file when you need court orders about where your children live and how they are supported but you are not ending a marriage or domestic partnership. It opens a standalone family law case focused only on custody, visitation, and child support. Filing costs $435 in most counties, and the other parent has 30 days after being served to file a response.
When FL-260 Is the Right Form
Not every parent can use this petition. Item 2 on the form limits it to four situations, and you must check at least one box when you file:
- You and the other parent are married, and no dissolution, legal separation, or nullity case is pending in any court. California Family Code Section 3120 allows a spouse to seek custody without filing for divorce.
- You and the other parent signed a voluntary declaration of paternity or parentage, and no other case involving the children is pending elsewhere.
- You and the other parent legally adopted a child together but are not married or in a registered domestic partnership.
- A juvenile court order or a governmental child support proceeding has already established both of you as the child’s parents.
The common thread is that parentage is already established. If you need to prove a biological parent-child relationship through genetic testing, FL-260 is the wrong form; you would file a parentage petition on Form FL-200 instead. If you want to end a marriage or domestic partnership, you need Form FL-100, which handles dissolution and property division alongside custody.
The Packet You File With It
FL-260 does not get filed alone. You need a short packet, all available from the California Courts website at courts.ca.gov:
- FL-260, the petition itself.
- FL-210, the Summons. This notifies the other parent that a case has been filed, warns them of the automatic restraining orders that take effect upon service, and tells them they have 30 days to respond.
- FL-105, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. This mandatory attachment shows California has authority to make custody orders for your children.
- A blank FL-270, Response to Petition for Custody and Support. You must serve a blank copy on the other parent so they know how to respond.
If you signed a voluntary declaration of parentage, attach a copy; Item 2b asks for it. If you want a detailed visitation schedule beyond what the FL-260 checkboxes cover, use the Child Custody and Visitation (Parenting Time) Application Attachment and label it as an attachment to the petition.
Information to Gather Before You Start
Completing FL-260 and FL-105 together is easier if you collect a few things first.
For each child, you need their full legal name, date of birth, and current address. FL-105 then asks for each child’s residency history for the past five years: every address, the dates they lived there, and the full name and current address of every person they lived with during that period. This history is how the court confirms jurisdiction under the UCCJEA, specifically that your child’s home state is California because they have lived here for at least six consecutive months before filing.
Decide what custody arrangement you want to request. California distinguishes two types. Legal custody is the right to make major decisions about education, health care, and general welfare. Physical custody is where the child lives day to day and the schedule with each parent. Both types can be sole or joint. A proposed parenting schedule, including holiday rotations, summer breaks, and transportation for exchanges, gives the judge something concrete to evaluate.
If you are asking for child support, gather recent pay stubs, tax returns, and records of any other income for both parents. You will file an Income and Expense Declaration (Form FL-150) so the court can calculate guideline support.
Completing Form FL-260
The form runs two pages and is organized into numbered items. Write legibly in ink or type into the fillable PDF.
The caption at the top of page one is the standard court header. Enter your name and address as the petitioner (if your address is confidential for safety reasons, you can use a mailing address or check the confidential box). Enter the other parent’s name as the respondent. Fill in the county superior court name and address where you are filing.
Item 1 asks for the names and dates of birth of every minor child covered by the petition. Check these against birth certificates. Mismatched names or dates create processing delays.
Item 2 is where you establish your right to use this form by checking one of the four boxes. If you check box 2b for a voluntary declaration of parentage, attach a copy.
Item 3 confirms that a completed FL-105 is attached. Do not skip it. The court cannot proceed without the UCCJEA declaration.
Item 4 is the custody section. Check the boxes that match what you are asking for: joint or sole legal custody, joint or sole physical custody, and custody to you or to the other parent. If your proposed arrangement does not fit the checkboxes, write out the details on the attachment form and reference it here.
Item 5 covers child support and related financial requests. You can ask the court to order guideline child support, to order one or both parents to maintain health insurance for the children, and to award reasonable attorney fees. Check each box that applies. The health insurance request is worth checking in nearly every case; courts routinely order the parent with access to employer-sponsored coverage to enroll the children.
Item 8 is your acknowledgment that you have read the restraining orders printed on the back of the Summons. Those automatic orders prevent both parents from removing the children from California, canceling insurance, and hiding or disposing of property once the case begins.
Sign and date the form. If you have attachments, number and label each one so the clerk and judge can follow your petition logically.
Filing the Petition
Take the original completed packet and at least two copies to the clerk’s office of the superior court in the county where your child lives. The clerk will file-stamp the originals, keep them for the court file, and return the copies: one for your records and one for service on the other parent.
The filing fee for a first paper in a California family law case is $435. Riverside, San Bernardino, and San Francisco add a local courthouse construction surcharge that pushes the fee slightly higher. If you cannot afford the fee, file a Request to Waive Court Fees (Form FW-001) at the same time. You qualify for a waiver if you receive certain public benefits, your household income is at or below 125 percent of the federal poverty guidelines, or your income is not enough to cover both basic living expenses and court costs.
Serving the Other Parent
Filing starts the case, but the other parent is not part of it until they are formally served. You cannot serve the papers yourself. Someone who is at least 18 and is not a party to the case has to deliver the documents.
Personal service, meaning the server physically hands the papers to the other parent, is the standard method for the initial petition and summons. The server must deliver copies of the filed FL-260, the FL-210 Summons, the FL-105 UCCJEA declaration, and a blank FL-270 response form. You can ask a friend or relative to do this for free, hire a professional process server (fees typically range from $50 to $150 in California), or use the county sheriff’s office, which charges around $50 per attempt.
If personal service fails after reasonable attempts, California law allows substituted service. That means leaving the papers with a competent adult at the respondent’s home or workplace during normal hours and then mailing a copy to the same address. Service by publication in a local newspaper is a last resort, available only when the other parent truly cannot be found and you get court permission first.
Once service is complete, the server fills out the Proof of Service of Summons (Form FL-115), which documents the date, time, location, and method of service. File FL-115 with the court. The case cannot move forward until the court has proof the other parent was notified.
What Happens in the 30 Days After Service
The other parent has 30 calendar days from the date of service to file a Response to Petition for Custody and Support (Form FL-270). The response lets them tell the court whether they agree or disagree with your requests and what orders they want instead.
If the Other Parent Does Not Respond
If 30 days pass with no response, you can ask the court for a default. A default lets the court make custody, visitation, and child support orders without the other parent’s input. It does not guarantee you get everything you asked for. The judge still evaluates whether the requested orders serve the children’s best interests. But the other parent loses the ability to present their side.
Mandatory Mediation if Custody Is Contested
If the other parent responds and disputes custody or visitation, California Family Code Section 3170 requires the court to send both parents to mediation before holding a contested custody hearing. Mediation is handled through the court’s Family Court Services program. A neutral mediator meets with both parents, and sometimes the children, to try to reach an agreement on custody and a parenting schedule. If mediation produces an agreement, the mediator drafts a written plan for the judge to approve. If it does not, the case moves to a hearing where the judge decides.
Temporary Orders While the Case Is Pending
Custody and support cases can take months to reach a final hearing. If you need orders in place sooner, because the children’s living situation is unstable, the other parent is withholding the children, or no child support is flowing, you can file a Request for Order (Form FL-300) asking for temporary custody, visitation, and support orders. Temporary orders stay in effect until the court replaces them with permanent orders at trial or through a settlement.
How the Court Decides Custody
California judges evaluate custody disputes using the best interest of the child standard. Family Code Section 3011 identifies the factors the court weighs:
- The health, safety, and welfare of the child, including emotional wellbeing, stability of each parent’s home, and each parent’s ability to meet daily needs. This is the overriding concern.
- Any history of abuse by a parent against the child, the other parent, or a current partner. The court may require corroboration from law enforcement reports, child protective services records, or medical documentation.
- Frequent and continuing contact with both parents, which California generally favors unless contact would harm the child.
- Habitual use of illegal drugs or chronic alcohol abuse by either parent. The court may require independent verification before weighing this factor.
There is no automatic presumption that one parent is better based on gender. The judge looks at the totality of the evidence and tailors orders to the children’s specific situation. If you have evidence supporting your custody position, such as school records, medical records, or communications showing the other parent’s behavior, bring it organized and ready for your hearing.
How Child Support Is Calculated
California uses a mandatory statewide guideline formula set out in Family Code Section 4055. The formula is algebraic, CS = K[HN − (H%)(TN)], and it accounts for each parent’s net monthly disposable income and the percentage of time each parent has physical custody. The K factor adjusts based on combined parental income, and a multiplier increases the amount for additional children: 1.6 times for two children, 2 times for three, and so on.
In practice, neither you nor the judge does this math by hand. California courts use certified guideline calculator software. The Judicial Council currently certifies several calculators for court use, including Xspouse, Family Law Software, and CalSupport. Your attorney, the court’s family law facilitator, or the local child support agency can run a guideline calculation if you provide both parents’ income information.
Both parents must file an Income and Expense Declaration (Form FL-150). It captures gross income from all sources, payroll deductions, tax obligations, monthly expenses, and assets. The accuracy of the support calculation depends entirely on the accuracy of FL-150. Underreporting income or inflating expenses is something judges watch for closely and can result in sanctions.
Health Insurance for the Children
Item 5 on FL-260 lets you ask the court to order health insurance coverage for the children. California courts regularly order the parent with access to affordable employer-sponsored coverage to enroll them. If the court issues the order and the parent’s employer offers a group health plan, the order can function as a Qualified Medical Child Support Order, which requires the plan administrator to enroll the child as a covered dependent regardless of open enrollment periods.