California
Can we change our custody agreement without going to court in California?
Quick answer
Yes, if you both agree. You can turn the new arrangement into a court order without a hearing by writing it down, both signing it, and having a judge sign it. The new agreement becomes a court order only after a judge signs it and it is filed.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
The California courts self-help guide says parents who agree about custody and visitation can have the agreement made a court order without going in front of a judge. It describes form FL-355, Stipulation and Order for Custody and/or Visitation (Parenting Time), as the cover sheet both parents sign, with the parenting plan on Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341) or on your own paper. It says a judge has to sign the agreement before it can be filed, that there is usually a filing fee, and that once it is filed it is a court order both parents must follow.
FL-300-INFO item 2 says not to use a Request for Order if you and the other party have an agreement. FL-355 has a box to mark when the agreement is a modification, and it warns that if there are allegations or findings of abuse, the judge may not enter an order based on a stipulation until you have a hearing.
What to do next
Write the new schedule out specifically: school days, weekends, exchanges, holidays, and vacations. The self-help guide says your court’s family law facilitator or self-help center may be able to help you write it up. If you cannot agree, the path is a Request for Order.
Last checked against the sources above on October 6, 2026.
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
Get the California custody checklist
Two pages: what to gather, which forms, deadlines, what to bring to the hearing. Free, no account.