How to Fill Out California Form FL-341(E): Joint Legal Custody Attachment

To fill out California Form FL-341(E), the Joint Legal Custody Attachment, complete the case header, then work through the eight numbered paragraphs to confirm joint legal custody, check the decisions that will require both parents’ consent, set the consequences if a parent acts alone, assign any topic-specific decision-making authority, and lock in the healthcare and school provisions. The form is a one-page fillable PDF on the California Courts self-help site, and once a judge signs it, every box you checked becomes an enforceable court order.¹

Joint legal custody gives both parents an equal right and responsibility to make decisions about the child’s health, education, and welfare.² California law requires a joint legal custody order to spell out which decisions need both parents’ agreement and what happens if one parent acts alone.³ FL-341(E) is the standard Judicial Council form that does that work.

The Header and Case Information

At the top, enter the petitioner’s name, the respondent’s name, and the case number exactly as they appear on your original petition or response. Below that, check the box showing which primary document FL-341(E) is attached to. The options are a petition, a response, a stipulation and order, a Request for Order (FL-300), a responsive declaration, or findings and order after hearing.⁴ Then list each child covered by the order along with the child’s date of birth.

Paragraph 1: Confirming Joint Legal Custody

Check the single box confirming that both parties will have joint legal custody of the children.⁴ If the court already made that finding in a separate order, this paragraph restates it for the attachment.

Paragraph 2: Which Decisions Require Both Parents’ Consent

This is the core of the form. Check every category that both parents must discuss and agree on before either can act:⁴

Enrolling the child in, or removing the child from, a particular private or public school or daycare center.
Out-of-state or international travel with the child.
Signing the child up for, or pulling the child out of, organized extracurricular activities.
Beginning or ending psychiatric, psychological, or other counseling or therapy.
Enrolling the child in particular religious programs or institutions.
Choosing a doctor, dentist, or other health professional (emergencies excluded).
A blank “Other” line for anything not already listed. Childcare arrangements and dietary restrictions are common additions.

Think carefully before leaving a box unchecked. Anything you check becomes a shared-consent requirement; anything you don’t check, either parent can decide alone.

Paragraph 3: Consequences If a Parent Acts Alone

Paragraph 3 sets the enforcement side of Paragraph 2. The form gives three choices:⁴

Civil or criminal penalties, including contempt of court.
Modification of both legal and physical custody of the children.
A blank line for any other consequence the parents agree to or the court imposes.

Without something checked here, the consent requirements above have no teeth. Many parents check at least the first two so the order carries real weight if it’s ignored.

Paragraph 4: Assigning Decision-Making and Records Access

If one parent should have final say on a specific topic, Paragraph 4 is where you say so. Check whether the petitioner, respondent, or other party will be responsible, then describe which decisions that covers.⁴ An example is giving the parent in the child’s school district authority over enrollment questions.

Paragraph 4 also affirms that both custodial and noncustodial parents can access the children’s medical, dental, and school records and consult with the professionals providing those services. Having that in a signed order helps when a school office or doctor’s office hesitates to share information with the noncustodial parent.

Paragraphs 5 Through 7: Healthcare Rules

The next three paragraphs go beyond the general consent requirement in Paragraph 2 and set specific medical rules.

Paragraph 5 requires each parent to notify the other of the name and address of any health practitioner who examines or treats the children. You fill in a number of days within which notification must happen after the first visit.⁴ Pick a window that works for your situation; common choices run from 5 to 14 days.

Paragraph 6 authorizes either parent to consent to emergency surgery or treatment when a child’s health or safety is at risk. The parent who approved the emergency care must notify the other as soon as possible afterward and describe what procedures or treatment the child received.⁴ This carve-out exists so two-parent consent doesn’t delay care in a genuine emergency.

Paragraph 7 requires both parents to give the children any prescribed medications. One parent cannot decide alone to stop a child’s medication during their parenting time.

Paragraph 8: School Contacts and Name Changes

Paragraph 8 covers two practical items that frequently cause friction:⁴

Both parents are designated as emergency contacts at the children’s school.
Neither parent can change the children’s last name, or use a different name on medical, school, or other records, without the other parent’s written consent.

A blank line follows for any other provisions you want to add under this paragraph.

Attaching, Filing, and Serving the Form

FL-341(E) is always filed as an attachment and cannot stand alone. Fasten it to whichever primary document you checked in the header. Typical pairings are an initial petition or response in a dissolution or custody case, a Request for Order (FL-300) when you’re asking the court to make or change a custody order mid-case, or a stipulation and order when both parents have already agreed on terms.⁴

After the clerk stamps your papers, a copy must be delivered to the other parent. Someone who is not a party to the case must hand the papers directly to the other parent and then complete a Proof of Service documenting when, where, and how the papers were delivered.⁵ File the completed Proof of Service with the court.

If You and the Other Parent Disagree

If you can’t agree on what to check, California law requires mediation before the court will hold a contested custody hearing. When the court sees from your filing that custody or visitation is contested, it must refer the dispute to mediation.⁶ Each county’s family court services office provides the mediators, and the session is typically scheduled within a few weeks of filing. If mediation produces an agreement, you can complete FL-341(E) together and submit it as a stipulation. If it doesn’t, the mediator may make a recommendation to the judge (depending on the county), and the court will decide at a hearing.

Disagreements still come up after the order is signed. When the form has been completed with real consent requirements and real consequences, both parents have a framework: discuss, agree, and know that acting alone has repercussions. If talking fails, either parent can file a new Request for Order (FL-300) asking the court to resolve the specific dispute or modify the custody terms.

1
California Courts. Joint Legal Custody Attachment FL-341(E)
2
California Legislative Information. California Family Code 3003
3
California Legislative Information. California Family Code 3083
4
Judicial Council of California. California Form FL-341(E) – Joint Legal Custody Attachment
5
California Courts. Serving Court Papers
6
Justia Law. California Family Code 3170-3173