To open or change a child custody case in California, you use Judicial Council forms, and the California child custody forms you need depend on your situation: starting a new case, asking for temporary or emergency orders inside a pending case, or modifying an order that already exists. Most parents file between five and ten forms to get custody in front of a judge, and each one must be the current version the Judicial Council publishes.
The Forms You Need, By Situation
Before working through what each form does, here is the practical shortlist:
- New case, married or in a domestic partnership: FL-100, FL-110, FL-105, FL-311, and any 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 any 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 orders: FL-305, typically filed alongside an FL-300.
- Modifying an existing order: FL-300, a fresh FL-105, FL-311, and any FL-341 attachments.
- Cannot afford the filing fee: FW-001.
- After the other parent has been served: FL-115.
The rest of this article walks through what each form does and where parents most often trip up.
The Petition That Starts the Case
Every custody case begins with a petition filed in the Superior Court of the county where the child lives. Which petition depends on your relationship with the other parent.
Married spouses and registered domestic partners file the Petition—Marriage/Domestic Partnership (FL-100) to open a divorce, legal separation, or annulment that includes custody requests. Item 6 on that form is where you check boxes for legal custody, physical custody, and visitation, and note which FL-311 and FL-341 attachments you are including.1Judicial Council of California. Petition—Marriage/Domestic Partnership (Family Law)
Unmarried parents file the Petition to Determine Parental Relationship (FL-200), which establishes legal parentage and lets you request custody orders in the same filing. Custody requests go in Item 8.2Judicial Council of California. FL-200 Petition to Determine Parental Relationship
Along with the petition, you prepare the Summons (FL-110). It tells the other parent a case has been opened and warns that failing to file a response within 30 calendar days can result in custody and support orders made without their input.3Judicial Council of California. California Judicial Council Form FL-110 – Summons (Family Law) The response form mirrors the petition: FL-120 responds to an FL-100, and FL-220 responds to an FL-200.4California Courts Self-Help Guide. Response—Marriage/Domestic Partnership (Family Law) (FL-120)
The UCCJEA Declaration (FL-105)
Every initial custody filing has to include a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105). This mandatory 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 another 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 California has authority to make custody orders. Leave it out and the clerk will reject your filing. The other parent files their own FL-105 with their response, and you also file a fresh FL-105 whenever you later ask to modify an order.
Custody and Visitation Attachments
The petition and UCCJEA declaration open the case. The attachments are where you spell out the arrangement you actually want.
FL-311: Your Custody and Visitation Request
The Child Custody and Visitation (Parenting Time) Application Attachment (FL-311) is where you tell the court whether you want 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 sets where your child lives day to day. You can ask for a different arrangement on each. Joint legal with sole physical, for example, is common.
The FL-341 Series: The Detailed Schedule
The FL-311 gives the big picture. The FL-341 series fills in the specifics that make an order enforceable. These are optional, but vague orders send parents back to court.
FL-341(C) is the children’s holiday schedule. It divides holidays between parents by odd and even years (or every year for some holidays) and overrides the regular parenting time whenever a holiday falls on a normal custody day. It also carries 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) sets physical custody details: exact days, times, and exchange locations for regular visitation. FL-341(E) covers joint legal custody, laying out how parents will communicate and share decisions on education, healthcare, and extracurriculars. The more detail you build in, the fewer arguments later about whose weekend it is or which school the child attends.
Requesting Temporary Orders (FL-300)
Custody cases can take months to reach a final order. If you need custody or visitation decisions in the meantime, file a Request for Order (FL-300). It asks the judge to set a hearing and make temporary 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 date, and you serve the other parent with the FL-300 package well in advance so they can prepare a response. Expect an additional filing fee of $60 to $85 for this request.9California Courts. File Your Petition and Summons
Emergency (Ex Parte) Orders on FL-305
When there is not time to wait for a regular hearing, form FL-305 asks for emergency orders. The court defines an emergency as 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.10California Courts. Ask for an Emergency (Ex Parte) Order A parent planning to move the child out of the country next week without your agreement qualifies. A disagreement over bedtime routines does not.
Judges scrutinize these requests closely. You will need evidence that the danger is genuine and immediate, not speculative or a longstanding problem you have been living with for months. If emergency orders are granted, they last only until the court holds a full hearing with both parents present.
Changing an Existing Custody Order
Once a final custody order is in place, you do not file a new petition to change it. Instead, you file a Request for Order (FL-300) in the existing case, explaining what you want changed and why.8California Courts. Request for Order (FL-300) Attach an updated FL-311 and any FL-341 series forms to show the arrangement you are proposing.
A new FL-105 (UCCJEA declaration) is required with any modification request so the court has the child’s current address and knows about any new court proceedings.5Judicial Council of California. California Judicial Council Form FL-105/GC-120 – Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Fee Waiver and Proof of Service
The filing fee for a new family law case in California is $435 as of January 2026.11Superior Court of California. Statewide Civil Fee Schedule Riverside, San Bernardino, and San Francisco add a local surcharge for courthouse construction, which pushes the total slightly higher.
If you cannot afford the fee, file a Request to Waive Court Fees (FW-001). You qualify if you receive public benefits, earn below a set income threshold, or cannot 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.
Filing does not bring the other parent into the case. Someone at least 18 who is not a party to the case has to hand-deliver copies of the conformed summons, petition, and related forms to the other parent, and you include blank copies of the appropriate response form and a blank FL-105 so they can respond.13California Courts. Serve Your Child Custody and Support Papers After service, the server completes and signs a Proof of Service of Summons (FL-115), which you file with the court.14Judicial Council of California. Proof of Service of Summons (Family Law—Uniform Parentage—Custody and Support) Until FL-115 is on file, the court will not move your case forward. The other parent’s 30-day clock to respond starts from the date they were served, not the date you filed.
If Domestic Violence Is Part of Your Case
The forms above cover custody itself. A Domestic Violence Restraining Order is a separate proceeding filed on the DV-100 series, and it can run alongside your custody case and directly affect the custody outcome. If abuse is part of your situation, plan on that second track in addition to the custody forms.
All Judicial Council forms are available free on the California Courts website, and every courthouse has a self-help center where staff can help you identify which forms your situation requires, though they cannot give you legal advice about what to write on them.