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California · Family Law

Need a custody order? Here's exactly what to file.

Whether you're establishing a first custody and visitation order or asking the court to change one, it starts with the same form: FL-300, Request for Order. Here's exactly what to file, how to serve it, and what to expect at your hearing — no legal jargon, just the steps.

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Notice required
16 court days

The minimum notice you must give the other parent before your hearing — count backward from your hearing date, and add extra days if you serve by mail.

Serve too late, and the court can bump your hearing to a later date — delaying your order by weeks.
Get this exact

Find your latest serve-by date.

How you serve the other parent changes the math. Pick your method to see how far back you need to count.

Personal service

16 court days

Handed directly to the other parent, or by a process server. No extra calendar days on top of the 16 court days.

Mail within California

+5 cal days

Mailed to an address inside California. Adds 5 calendar days on top of the 16 court days.

Mail outside California

+10 cal days

Mailed to an address elsewhere in the U.S. Adds 10 calendar days on top of the 16 court days.

Mail outside the U.S.

+20 cal days

Mailed internationally. Adds 20 calendar days on top of the 16 court days.

Calculate it

Enter your hearing date above to see your deadline.

What to do

Six steps, start to finish.

01

Decide what you're asking for

Are you establishing a first custody/visitation order, or changing (modifying) one that already exists? If you're modifying, find your existing case number — you'll need it on every form.

02

Gather the right forms

Most parents need FL-300 (Request for Order), FL-311 (Child Custody and Visitation Attachment), and FL-105 (UCCJEA Declaration). If child support is also part of your request, add FL-150 or FL-155.

03

Fill out your Request for Order

Open FL-300 in Formbono and fill it directly in your browser — check the boxes for custody and/or visitation, then use FL-311 to spell out the specific schedule you're asking for.

04

File with the court & handle the fee

File with the clerk in the county handling your case, pay the filing fee, or file FW-001 to request a fee waiver if you can't afford it. The clerk will set your hearing date.

05

Serve the other parent

Someone other than you (18+, not a party to the case) must serve the other parent with everything you filed, at least 16 court days before the hearing — plus extra days if served by mail.

06

Attend mediation, then your hearing

California law requires both parents to attend court-connected mediation before a contested custody or visitation hearing (Family Code §3170). Bring your parenting plan details and any evidence to court.

Forms you'll need

Every form comes straight from the Judicial Council.

Fill any of these directly in your browser — no printing, scanning, or separate PDF editor required.

FL-300

Request for Order

Required

The main form that asks the court to establish or change custody, visitation, or other family law orders. This is what starts the process.

Fill This Form →
FL-311

Child Custody and Visitation (Parenting Time) Attachment

Required

Attaches to FL-300 to spell out the specific custody type and parenting-time schedule you're requesting.

Fill This Form →
FL-105

Declaration Under UCCJEA

Required

Tells the court which state has jurisdiction over your child's custody case — required any time custody or visitation is requested.

Fill This Form →
FL-150

Income and Expense Declaration

If applicable

Only needed if your request also includes child support. FL-155 (Simplified) may work instead if you qualify.

Fill This Form →
FW-001

Request to Waive Court Fees

If applicable

Waives the filing fee if you can't afford it. Free to file, and most who qualify for public benefits qualify automatically.

Fill This Form →

On FL-300 itself, watch for:

List every child's full name and date of birth in Item 2a — use an attachment page if you have more than four children.
Modifying an existing order? Use the same case number and describe the current order in Item 2d, or the clerk may reject it.
A vague custody request without FL-311 attached is a common reason courts drop custody issues from the calendar.
"Facts to Support" (Item 9) is capped at 10 pages unless the court gives you permission for more.
Sign under penalty of perjury — an unsigned Request for Order won't be accepted as filed.
Serve every attachment together as one packet — serving FL-300 alone without FL-311 leaves the other parent without notice of your actual proposal.
What happens next

After you file your Request.

Day 0
You file your Request for Order
The clerk stamps it filed and sets your hearing date.
16+ court days before
You serve the other parent
Every document you filed must reach them with enough notice — more if served by mail.
Before hearing
Custody mediation
Required by law for contested custody/visitation — both parents meet with Family Court Services first, with or without a mediated agreement.
Hearing day
The judge hears both sides
The court issues its decision, later formalized in a Findings and Order After Hearing (FL-340).
Recommendations

Don't make these mistakes.

Don't skip FL-311
A custody request without the schedule details on FL-311 is one of the most common reasons a hearing gets postponed.
Match your case number if modifying
A new case number on a modification request confuses the clerk and can delay your hearing.
Count backward carefully
The 16-court-day notice period doesn't include weekends, and mail service adds calendar days on top — use the calculator above.
Keep declarations factual and brief
Judges respond better to specific facts and dates than to general accusations — and pages past the 10-page cap can be stricken.
Can't afford the filing fee?
Ask the court to waive it with form FW-001 (Request to Waive Court Fees). It's free to file and most who qualify for public benefits qualify automatically.
Plain-English glossary

What do these terms actually mean?

Family law forms use specific legal terms for custody arrangements. Here's what each one means in plain language.

Legal custody

The right to make major decisions for your child — school, health care, religion. Can be joint (shared) or sole.

Physical custody

Where the child actually lives day to day. Can also be joint or sole, and is separate from legal custody.

Parenting plan / visitation schedule

The detailed day-by-day, holiday, and vacation schedule spelling out when the child is with each parent.

UCCJEA / home state

The law that decides which state's courts have authority over a custody case — usually the child's home state for the last 6 months.

Custody mediation

A required meeting with a neutral Family Court Services counselor to try to reach an agreement (or, in recommending counties, to give the judge a recommendation) before your hearing.

Best interest of the child

The legal standard judges use to decide custody and visitation — weighing the child's health, safety, welfare, and existing relationships.

FAQ

Common questions, answered.

Do I need a lawyer to ask for a custody order?

No. FL-300 and its attachments are designed to be filed without an attorney, and most California courts have a family law facilitator or self-help center that can review your paperwork for free.

What if I need custody orders right away?

If there's an immediate safety concern, you can file FL-305 (Temporary Emergency Orders) along with your FL-300 to ask the court to act before the regular hearing date.

Do we really have to go to mediation?

Yes — California law (Family Code §3170) requires both parents to attend court-connected mediation before a contested custody or visitation hearing, statewide. What varies by county is whether the mediator can also give the judge a recommendation if you don't reach an agreement.

What if the other parent doesn't respond?

The court can still decide based on what you filed and presented, but proper service is essential — without it, your hearing can be delayed or the judge may not be able to act.

How much does this cost?

There's a standard court filing fee that varies by county, but form FW-001 lets you request a full or partial waiver if you can't afford it.

Ready to ask the court for an order? Start with FL-300.

Get Form FL-300 →

Formbono is not a law firm and this page is not legal advice. If your situation involves domestic violence or an urgent safety concern, contact a local legal aid organization before proceeding.