You fill out California Form FL-311 by checking the boxes that match the custody and visitation orders you are asking the court to make, then attaching it to your Request for Order (Form FL-300) or judgment paperwork. The form is a fill-in-the-blank attachment that lets a parent describe a parenting plan in clear, court-ready language without writing it all from scratch.
Roughly 50% of California marriages end in divorce, and most of those cases with minor children pass through the California Judicial Council custody forms system. Getting FL-311 right protects your parenting time, your child’s stability, and your ability to enforce the order later under California Family Code §3048.
Here is what you will learn in this guide:
- 📝 How to complete every line and checkbox on Form FL-311 without missing a critical detail
- ⚖️ Which California Family Code statutes drive each section of the form
- 👨👩👧 Three named real-world scenarios showing how to fill the form for divorce, paternity, and move-away cases
- 🚫 Seven costly mistakes that get FL-311 attachments rejected or ignored at the hearing
- ❓ Ten of the most common questions parents ask about FL-311, answered in plain English
What Form FL-311 Actually Is
Form FL-311, officially titled the Child Custody and Visitation (Parenting Time) Application Attachment, is a four-page Judicial Council form that supplements a parent’s main custody request. It is published by the Judicial Council of California under rule 1.31 of the California Rules of Court. The form turns a vague request like “I want more time with my child” into a structured, enforceable schedule the judge can sign.
Federal law sets the floor for interstate custody recognition through the Parental Kidnapping Prevention Act, and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has authority. California adopted the UCCJEA at Family Code §3400, which is why FL-311 must be filed alongside Form FL-105, the UCCJEA declaration, in any case involving a child.
The consequence of skipping FL-311 is that the judge often issues a generic “reasonable visitation” order. Reasonable sounds friendly, but it is unenforceable when the other parent refuses pickup. A specific, written schedule on FL-311 lets law enforcement act under Family Code §3048(a)(4).
A common misconception is that FL-311 is only for divorces. In reality, it is used in dissolution, legal separation, paternity (parentage) cases under Form FL-260, and domestic violence restraining order cases that involve children.
Who Files FL-311
Any parent, legal guardian, or party in a California family law case can file FL-311. Grandparents seeking visitation under Family Code §3104 also use it. Stepparents pursuing visitation under Family Code §3101 attach the same form.
The plain-English rule is that whoever wants the court to set parenting time files FL-311. The consequence of letting the other parent file it alone is that their proposed schedule becomes the default if you do not respond. A real example is Maria, a mother in Los Angeles County who skipped filing her own FL-311 and ended up with every-other-weekend visitation she did not actually want.
The misconception is that only the petitioner files FL-311. Either side can attach it to a Form FL-320 Responsive Declaration.
When FL-311 Is Required
FL-311 is required, or strongly advised, any time the court will issue a child custody or visitation order. That includes initial requests, modifications, and stipulated judgments under Family Code §3022. Local rules in Los Angeles Superior Court and San Diego Superior Court require it for all contested custody hearings.
The consequence of filing late is a continuance, which delays your case for weeks. Picture Andre, an Alameda County father who filed his Request for Order without FL-311; the judge continued the hearing 45 days, costing him a summer of parenting time. Misconception: parents often think they can hand-write a schedule on plain paper, but most judges require the official Judicial Council form for clarity.
Section-by-Section Walkthrough of FL-311
The form has nine numbered sections, each with checkboxes and short fill-in fields. Read every option before checking anything, because some boxes are mutually exclusive. The official FL-311 instructions on the Judicial Council Self-Help site explain each item in plain language.
You should print the form, fill it out in black ink, then scan and e-file through your county’s eFileCA portal or file in person. Typed entries are preferred under California Rules of Court 2.100. The form is free; no filing fee applies for the attachment itself, only for the underlying Form FL-300 Request for Order, which is currently $60 statewide.
Caption and Case Number
The caption is the top box on page 1. Enter the same case name and number that appear on your Form FL-100 Petition. Mismatched captions cause the clerk to reject the filing under Local Rule 3.3.
A consequence of caption errors is that your hearing date can be lost entirely. Priya, a San Jose mother, listed her case as “Smith v. Smith” instead of “In re Marriage of Smith” and had to refile, missing her ex-parte window.
The misconception is that the caption is just decorative. It is the legal address of your case and must match every prior filing exactly.
Item 1 — Child Custody
Item 1 asks who has legal custody, the right to make major decisions about health, education, and welfare. You can check joint legal custody to both parents, sole legal custody to one, or specify another arrangement. The governing statute is Family Code §3003 for joint legal custody.
The consequence of choosing sole legal custody when the other parent is fit is that judges often deny it and award joint instead, citing the public policy in Family Code §3020 favoring frequent and continuing contact. A real example is Tomás, a father in Sacramento who asked for sole legal custody without a Family Code §3044 domestic-violence finding and was denied.
A common misconception is that legal custody and physical custody are the same. They are separate decisions and you must complete both items.
Item 2 — Physical Custody
Item 2 covers physical custody, meaning where the child lives. Joint physical custody under Family Code §3004 means significant time with each parent, not necessarily 50-50. Primary physical custody to one parent is the most common outcome statewide, per the Judicial Council 2023 family-law statistics.
The consequence of mislabeling your arrangement matters for child support, because California’s guideline calculator uses the percentage of time with each parent. Check the wrong box and you may overpay or underpay support by hundreds of dollars per month.
A misconception is that “joint” requires exactly equal time. Courts have approved 70-30 splits as joint physical custody when Marriage of Birnbaum (1989) factors apply.
Item 3 — Child Abduction Prevention
Item 3 lets you ask for travel restrictions, passport surrender, or supervised exchanges to prevent abduction. The legal basis is Family Code §3048(b), which requires the court to consider specific risk factors like prior threats to flee or ties to a non-Hague country.
The consequence of leaving this section blank when risk factors exist is that the other parent can lawfully take the child abroad. Lin, an Orange County mother, left Item 3 blank and her ex took the child to a non-Hague Convention country; recovery took two years.
The misconception is that you need proof beyond a reasonable doubt to check Item 3. The standard is much lower, just credible evidence of risk factors listed in the statute.
Item 4 — Visitation (Parenting Time)
Item 4 is the heart of FL-311, where you set the parenting schedule. You choose among (a) reasonable right of parenting time, (b) a specific schedule listed below, (c) supervised visitation per Form FL-341(A), or (d) no visitation. Each option carries different consequences.
Picking (a) “reasonable” sounds easy but is unenforceable when parents disagree. Picking (b) “specific schedule” requires you to list days, times, and exchange locations in Items 5, 6, and 7. Janelle, a Fresno parent, chose “reasonable” and lost three holidays in the first year because the schedule had no detail.
A misconception is that supervised visitation is permanent. It is usually a step-down arrangement reviewed at the next hearing under Family Code §3200.
Item 5 — Weekend and Weekday Schedule
Item 5 is the regular weekly schedule. You list the start day, start time, end day, and end time for each parent’s time. Standard schedules include every other weekend Friday at 6 p.m. to Sunday at 6 p.m., or 2-2-3 rotations common in Contra Costa County family court.
The consequence of vague times like “after school” is that exchanges become a fight. List the exact pickup time and location, including whether the exchange happens at school, daycare, or curbside.
The misconception is that you must pick a “standard” schedule. Judges approve creative schedules if they fit the child’s age and the parents’ work, citing Family Code §3011 best-interest factors.
Item 6 — Holiday Schedule
Item 6 sets holiday parenting time. The form lists common holidays — Mother’s Day, Father’s Day, Thanksgiving, winter break, spring break — with checkboxes for odd-numbered years and even-numbered years. You can attach a separate sheet for additional holidays like Diwali, Lunar New Year, or Eid.
The consequence of skipping the holiday section is that the regular weekly schedule controls, meaning a parent can lose every Christmas if the holiday falls on the other parent’s weekend. Devon, a Riverside father, did not fill in Item 6 and missed his daughter’s first three Thanksgivings.
A misconception is that the holiday schedule overrides the weekly schedule automatically. The form requires you to mark a checkbox stating that holidays take precedence over the regular schedule.
Item 7 — Vacation Schedule
Item 7 covers extended vacation time, usually summer. Typical orders allow each parent two non-consecutive weeks during summer break, with 30 days’ written notice required. The basis is Family Code §3082 which encourages predictable extended time.
The consequence of leaving vacation undefined is that one parent may book travel only to be told no. Specify whether out-of-state or out-of-country travel is allowed, and whether passports may be used. Hannah, a Bay Area mother, lost a paid Hawaii trip because her order did not authorize air travel without consent.
The misconception is that California parents can travel internationally with the child unilaterally. They cannot if the order is silent — the other parent’s written consent or a court order is needed.
Item 8 — Other
Item 8 is a free-text field for orders not covered above. Common entries include right of first refusal (the right to care for the child before the other parent uses a babysitter), required communication via OurFamilyWizard or TalkingParents, and a requirement to attend a high-conflict co-parenting class.
The consequence of cramming too much into Item 8 is that orders become unenforceable due to vagueness. Use clear, numbered sentences. Robert, a San Diego father, wrote a paragraph about communication and the judge struck it as ambiguous.
A misconception is that Item 8 is for venting. Judges read it as proposed orders, so keep it neutral and specific.
Item 9 — Facilitated Exchange and Other Conditions
Item 9 lists optional conditions like neutral exchange locations (police station parking lots are common in domestic violence cases), no third-party transport, no consumption of alcohol within 24 hours of parenting time, and similar safety terms. Authority comes from Family Code §3011(a)(4).
The consequence of vague conditions is non-enforcement. “No drinking around the child” is too vague; “no alcohol consumption during parenting time or within 8 hours before pickup” is enforceable.
The misconception is that requested conditions are automatically granted. Judges weigh them under best-interest factors and require evidence for restrictive ones.
Three Real-World Scenarios
The way FL-311 looks on the page depends entirely on the family’s situation. Below are three of the most common fact patterns and how each parent should fill the form. Each scenario follows California law and uses a named example.
Scenario A — Divorce With Two Young Children
| What Carla Requests | Why It Matters |
|---|---|
| Joint legal custody (Item 1) | Both parents stay involved in school and medical decisions under Family Code §3003 |
| Joint physical custody, 2-2-3 rotation (Items 2 and 5) | Frequent contact suits children under age 6 per Marriage of Birnbaum |
| Holidays alternated odd/even years (Item 6) | Predictability prevents annual fights |
| Two non-consecutive summer weeks each (Item 7) | Allows family travel with 30-day notice |
| Right of first refusal over 4 hours (Item 8) | Maximizes parent time over babysitter time |
Scenario B — Paternity Case With Move-Away Risk
| What Marcus Requests | Why It Matters |
|---|---|
| Sole physical custody to him (Item 2) | Mother has stated intent to move to Texas without notice |
| Specific weekly schedule (Item 5) | Replaces vague “reasonable” visitation |
| Travel restriction, no removal from California (Item 3) | Triggers Family Code §3048(b) protections |
| Passport surrender to attorney (Item 3) | Prevents international flight under Hague Convention |
| Mandatory OurFamilyWizard communication (Item 8) | Creates a record of co-parenting messages |
Scenario C — Domestic Violence Restraining Order Case
| What Ayesha Requests | Why It Matters |
|---|---|
| Sole legal and physical custody (Items 1 and 2) | Triggers Family Code §3044 presumption against the abuser |
| Professional supervised visitation, Form FL-341(A) (Item 4c) | Protects child during contact |
| Neutral exchange at police station (Item 9) | Reduces risk of confrontation |
| No alcohol or drugs during visits (Item 9) | Enforceable safety term |
| No removal from county (Item 3) | Prevents abduction risk |
Mistakes to Avoid When Filling Out FL-311
Filling out FL-311 looks simple, but small errors cause big problems. The list below covers the most common ones flagged by California family law facilitators.
- Checking “reasonable visitation” — Sounds flexible, but is unenforceable; police cannot help when the other parent denies pickup.
- Leaving exchange times blank — Leads to disputes; always state exact pickup and drop-off times.
- Skipping the holiday section — Causes you to lose every holiday that falls on the other parent’s regular days.
- Not attaching FL-105 UCCJEA declaration — Required under Family Code §3409; failure delays the hearing.
- Listing only one parent’s address in Item 5 — Both exchange locations must be named.
- Asking for sole legal custody without a §3044 finding — Most judges deny it absent a domestic-violence finding.
- Writing paragraphs in Item 8 — Vague text gets stricken; use numbered, single-sentence orders.
- Not signing and dating page 4 — An unsigned form is a legal nullity per Code of Civil Procedure §128.7.
- Filing without serving the other parent — Service is required under Family Code §215.
Each mistake creates a real consequence. Brian, a San Bernardino father, skipped Item 6, lost Christmas, and had to file a modification a year later costing $435 in fees and his attorney time. Avoiding these errors is the cheapest insurance you can buy in family court.
Do’s and Don’ts of FL-311
Strong filings share habits. Below are the practices that judges, mediators, and family-law facilitators reward.
- Do type the form using the fillable PDF — handwriting causes clerk rejections.
- Do match every word to the underlying FL-300 Request for Order — inconsistencies confuse judges.
- Do attach a proposed FL-341 findings order — gives the judge a ready-to-sign order.
- Do include a child’s school address — needed for school-based exchanges.
- Do keep three copies — one for you, one for the other party, one for the judge.
- Don’t copy your friend’s order — every family is different.
- Don’t add insults or accusations — judges discount emotional filings.
- Don’t leave blanks — write “N/A” instead so the form looks complete.
- Don’t file without a UCCJEA declaration — it is mandatory in every initial custody filing.
- Don’t assume you can change the order verbally — modifications require a new RFO and FL-311.
Pros and Cons of Using FL-311
Like any standardized form, FL-311 has trade-offs. Knowing both sides helps you decide how detailed to make your filing.
- Pro: Uniform format judges read quickly, speeding decisions.
- Pro: Built-in checkboxes prompt you to consider every angle of custody.
- Pro: Free Judicial Council form usable in every county statewide.
- Pro: Compatible with eFileCA electronic filing.
- Pro: Self-help guidance available on selfhelp.courts.ca.gov.
- Con: Limited space forces parents to attach extra pages for unique terms.
- Con: Checkboxes can oversimplify nuanced arrangements like nested custody.
- Con: Form does not explain legal consequences; pro se parents may misunderstand.
- Con: Updates are released yearly, so an old version may be rejected.
- Con: Does not include child support or property terms; separate forms are required.
Federal and State Law Backbone
Federal law shapes the outer limits of FL-311 through statutes that enforce custody orders across state lines. The Parental Kidnapping Prevention Act requires every state to honor another state’s custody order if it meets PKPA standards. The Hague Convention on Civil Aspects of International Child Abduction is enforced through the International Child Abduction Remedies Act.
California layers more detailed rules on top. The California Family Code Division 8 controls custody and visitation. Key sections include §3011 (best interest factors), §3020 (public policy), §3040 (custody order of preference), and §3044 (DV presumption).
Important California cases shape how judges read FL-311. Marriage of Burgess (1996) established the move-away framework that still guides Item 3 decisions. Marriage of LaMusga (2004) refined Burgess by requiring trial courts to weigh the impact of relocation on the child’s relationship with the non-moving parent. Montenegro v. Diaz (2001) clarified when a stipulated order is a final judgment that requires a changed circumstances showing for modification.
Related Forms You Will File With FL-311
FL-311 rarely files alone. The most common companions are the Form FL-300 Request for Order for new requests, Form FL-105 UCCJEA Declaration, Form FL-341 Findings and Order After Hearing, and Form FL-312 Request for Child Abduction Prevention Orders.
If supervised visitation is requested, attach Form FL-341(A). For child abuse allegations, add Form FL-341(B). For joint legal custody, attach Form FL-341(E), which lists each major decision area such as education and medical care.
Service of all these forms must follow Family Code §215 and California Rules of Court 5.92. Personal service is required for the initial RFO; mail or electronic service is allowed for later filings if the other party consents.
County-Level Nuances
Local rules add another layer. Los Angeles County requires mandatory mediation through Child Custody Recommending Counseling before the FL-311 hearing under Local Rule 5.10. San Diego County uses Family Court Services for confidential mediation, while Sacramento County provides recommending mediation with a written report to the judge.
The consequence of ignoring local rules is wasted hearing time. Olivia, a Long Beach mother, attended her FL-311 hearing without completing CCRC mediation and was sent back to mediation, losing her hearing slot. Misconception: many parents think mediation is optional. It is mandatory under Family Code §3170 before any contested custody hearing.
Smaller counties may publish their own checklists. Check your county’s family-law self-help center on selfhelp.courts.ca.gov locations before filing.
Step-by-Step Filing Process
The process from blank form to signed order follows a predictable path. Knowing the steps prevents missed deadlines and surprise fees.
- Download the current version from the Judicial Council forms page.
- Type entries into the fillable PDF using free Adobe Acrobat Reader.
- Sign and date page 4 in black or blue ink.
- Attach to your Form FL-300 and any other supporting forms.
- File electronically through eFileCA or in person at the family law clerk’s window.
- Pay the $60 RFO filing fee or request a fee waiver on Form FW-001.
- Serve the other parent at least 16 court days before the hearing.
- File a Proof of Personal Service Form FL-330 with the court.
- Attend mediation if your county requires it under Family Code §3170.
- Appear at the hearing with three copies of FL-311 and a proposed FL-341.
Missing any step delays your case. Walter, a Stockton father, forgot to file his FL-330 proof of service and the judge took his RFO off calendar.
FAQs
Is Form FL-311 required for every California custody case?
No. It is not technically mandatory in every case, but most judges expect it whenever a parent requests a specific custody or visitation schedule under Family Code §3022.
Can I file FL-311 without a lawyer?
Yes. California family courts welcome self-represented parents and provide free help through selfhelp.courts.ca.gov and county family law facilitators statewide.
Does FL-311 cost anything to file?
No. The form itself is free, but the underlying Form FL-300 Request for Order carries a $60 fee, waivable through Form FW-001.
Is FL-311 enforceable by police?
Yes. Once a judge signs the order, Family Code §3048 makes specific schedules enforceable by law enforcement, but only if the schedule is detailed.
Can I change FL-311 after the judge signs it?
Yes. File a new Form FL-300 with an updated FL-311 attachment, showing changed circumstances under Montenegro v. Diaz when the prior order was a final judgment.
Do grandparents use FL-311?
Yes. Grandparents seeking visitation under Family Code §3104 attach FL-311 to their petition to specify the visitation schedule they want.
Is mediation required before the FL-311 hearing?
Yes. Family Code §3170 requires mediation in every contested custody case, though counties differ on whether the mediator makes recommendations to the judge.
Can FL-311 include a move-away order?
Yes. Use Item 3 to request travel restrictions and Item 8 for relocation conditions, citing Marriage of LaMusga factors in your supporting declaration.
Will the judge follow FL-311 exactly?
No. Judges treat FL-311 as a proposal and may modify any term based on best-interest factors in Family Code §3011 and the mediator’s recommendation.
Does FL-311 cover child support?
No. Child support uses separate forms like Form FL-150 Income and Expense Declaration and the statewide guideline calculator.
Can I file FL-311 in a domestic violence case?
Yes. Attach FL-311 to a Form DV-100 Request for Domestic Violence Restraining Order to set custody and visitation, triggering the Family Code §3044 presumption.
Is the older version of FL-311 still valid?
No. Clerks reject outdated versions; always download the current form from the Judicial Council forms page before filing.
Related reading
- How to Fill Out California Form FL-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-260 (w/Examples) + FAQs
- How to Fill Out California Form FL-341 (w/Examples) + FAQs
- How to Fill Out California Form FL-344 (w/Examples) + FAQs
- How to Fill Out California Form FL-345 (w/Examples) + FAQs
- How to Fill Out California Form FL-380 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs