California custody case checklist

Your case number, and the party names exactly as they appear in the Petition. (FL-300-INFO) Source

The name and a current address for every other party in the case who has to be served. Source

If you are asking for custody or visitation, each child’s full name and date of birth. (FL-300, item 2a) Source

A schedule specific enough to be enforced: days, times, exchange place, holidays, and who transports. Source

Your facts written out as dated events. The supporting declaration cannot be longer than 10 pages unless the court gives permission. (Cal. Rules of Court, rule 5.111; FL-300, item 9) Source

If support or attorney’s fees are involved: pay stubs for the last two months and proof of any other income, to attach to your FL-150. (FL-150) Source

The filing fee, or the fee waiver forms FW-001 and FW-003 if you cannot pay it and have no valid fee waiver in the case. (FL-300-INFO, item 8) Source

Your court’s local rules. FL-300-INFO says to complete the forms required by local court rules. (FL-300-INFO) Source

FL-300, Request for Order. It is filed in a case that already exists: not before the Petition that starts the case, though it may be filed together with the Petition. (FL-300-INFO) Source

FL-305, Temporary Emergency Orders, only if you are asking for emergency (ex parte) orders, with a declaration about notice such as FL-303. (FL-300-INFO, item 3) Source

FL-311, Child Custody and Visitation (Parenting Time) Application Attachment. The same checklist lists FL-105, FL-312, and FL-341(C), (D) and (E) as forms you may also need. (FL-300-INFO, item 3) Source

A supporting declaration with your facts (item 9 of the FL-300; MC-031 may be used for attachments). (Cal. Rules of Court, rule 5.111) Source

FL-150, Income and Expense Declaration, when child support, spousal support, or attorney’s fees are requested. Current means completed within the past three months with no facts changed. (Cal. Rules of Court, rules 5.92(b) and 5.260(a)) Source

FL-320, Responsive Declaration to Request for Order, if you were served with an FL-300. For each request, consent, or do not consent and write the order you want instead. (Cal. Rules of Court, rule 5.92(a); FL-320-INFO) Source

Do not use the FL-320 to ask for orders the FL-300 did not request. For those, file and serve your own FL-300. (FL-320-INFO, item 3) Source

Serve your Request for Order at least 16 court days before the hearing, plus 5 calendar days if it is mailed within California. (Code of Civil Procedure section 1005(b); FL-300-INFO, item 15) Source

Court days are Monday through Friday, except court holidays. Count back from the hearing date on page 1 of your FL-300. (California Courts self-help guide) Source

You cannot serve the papers yourself. Someone at least 18 and not a party to the case must serve them. (Code of Civil Procedure section 414.10; FL-300-INFO, item 12; FL-320-INFO, item 10) Source

Serve copies, not originals: everything you filed, a blank FL-320, and a blank FL-150 if you are serving a completed FL-150 or FL-155. (Cal. Rules of Court, rule 5.92(f)(4)) Source

Your server completes the proof of service (FL-330 after personal service, FL-335 after mail). File it at least 5 court days before the hearing. (FL-300-INFO, item 15) Source

If you are responding: file your FL-320 at least 9 court days before the hearing and have it served at least 9 court days before the hearing, unless the court ordered a shorter time. (Code of Civil Procedure section 1005(b); FL-320-INFO, items 7 and 11) Source

If custody or visitation is contested, the court sets the contested issues for mediation. (Family Code section 3170(a)) Source

Check item 6 on page 1 of your FL-300. Some courts fill in the appointment there; others require you to make it before filing. (FL-300-INFO) Source

Mediation covers legal custody, physical custody, and visitation only, not child support or spousal support. (California Courts self-help guide) Source

If you have safety concerns, tell the mediator right away; you can ask to be in separate rooms. Domestic violence cases are handled under a separate written protocol. (Family Code section 3170(b); California Courts self-help guide) Source

In a court that uses recommending counseling, the counselor may submit a recommendation to the court, after first giving it to the parties in writing before the hearing. (Family Code section 3183) Source

Write down the schedule you want, including holidays and school breaks, and bring school, work, and activity schedules. Source

At least two copies of your documents and filed forms, including a filed proof of service. (FL-300-INFO, item 16) Source

If you are responding, a copy of your proof of service stamped “Filed.” (FL-320-INFO, item 13) Source

If support is at issue, a copy of your latest federal tax return. (FL-150) Source

Photo ID, any evidence or exhibits your declaration refers to, and a pen and notepad. Source

Arrive at least 30 minutes early to get through security, find your courtroom, and check in with the clerk. Source

Address the judge as “Your Honor.” Be brief and factual, and do not interrupt the other party. Source

Make sure you understand what was ordered before you leave the courtroom. The judge may rule from the bench or take the matter under submission and decide later. Source

FL-340, Findings and Order After Hearing, must be completed, filed, and served. (FL-300-INFO, item 17) Source

If you and the other parent later agree on a change, form FL-355 signed by both of you can become a court order once a judge signs it and it is filed. (California Courts self-help guide; FL-355) Source