California Form FL-341 is the Child Custody and Visitation (Parenting Time) Order Attachment that you attach to a custody order, judgment, or stipulation to spell out the exact parenting plan a court will enforce. You fill it out by entering case information at the top, checking the boxes that match your custody and visitation arrangement, writing in dates, times, and exchange locations, and attaching any of the lettered sub-attachments (FL-341(A) through FL-341(E)) that apply to your situation. The form is published by the California Judicial Council and is mandatory in every county under California Rules of Court, Rule 1.31.
Roughly 50% of California marriages with minor children end in divorce, and the California Department of Public Health reports tens of thousands of custody orders are entered each year. A poorly completed FL-341 is one of the top three reasons family law judges reject proposed orders, according to self-help guidance from the California Courts.
- 📄 How to complete every checkbox, line, and signature block on FL-341 without triggering a rejection
- ⚖️ Which California Family Code sections control each section and how judges apply them
- 👨👩👧 Real named-person examples for 50/50, long-distance, supervised, and high-conflict plans
- 🛑 The mistakes that quietly destroy custody positions and how to avoid them
- ❓ Answers to the most common FL-341 questions, each starting with a clear Yes or No
What Form FL-341 Is and Where It Fits in a California Custody Case
Form FL-341 is an attachment, not a standalone pleading, which means it never travels alone. It rides along with a parent’s Request for Order (FL-300), a stipulation, a Judgment (FL-180), or a Findings and Order After Hearing (FL-340). The court uses FL-341 to capture the operational details of the custody plan, while FL-340 captures the legal findings and orders.
Federal law sets the outer frame for interstate custody disputes. The Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, forces every state to honor a sister state’s custody order if that state had jurisdiction. California implements this through the Uniform Child Custody Jurisdiction and Enforcement Act at Family Code §§ 3400–3465. The plain-English meaning is that California can only enter a custody order on FL-341 if California is the child’s home state or meets another UCCJEA basis. The consequence of ignoring the UCCJEA is a void order, which means the other parent can have it thrown out years later. A common misconception is that physical presence in California is enough; it is not, because home-state status usually requires six months of residence.
How FL-341 Relates to FL-311
People mix up FL-341 with FL-311, the Child Custody and Visitation Application Attachment. FL-311 is what a parent requests; FL-341 is what the judge orders. The plain-English explanation is that FL-311 is a wish, and FL-341 is a rule. The consequence of filing FL-341 when you mean FL-311 is that the clerk will reject your moving papers and your hearing date will slip. Maria, a parent in Sacramento, lost two weeks of parenting time because she filed FL-341 with her initial Request for Order; the misconception that “any custody form will do” cost her a month of her son’s school year.
How FL-341 Relates to FL-105 and the UCCJEA
You cannot get a valid FL-341 order without first filing a UCCJEA Declaration on FL-105. The plain-English point is that the judge has to confirm jurisdiction before signing anything on FL-341. The consequence of skipping FL-105 is an unenforceable order in any other state. A real example is David in San Diego, whose Texas ex-wife had the FL-341 order vacated under Family Code § 3424 because no FL-105 was filed. The misconception that “we both live here, so jurisdiction is automatic” is false when a child has lived elsewhere within the past six months.
The Caption: Lines 1 Through the Case Number
Every Judicial Council form starts with a caption, and FL-341 is no exception. The caption is the top block where you write the attorney or self-represented party name, address, telephone, email, the court’s address, the names of petitioner and respondent, and the case number. Filling this out wrong is the single most common reason a clerk rejects FL-341, per the Los Angeles Superior Court rejection log.
The plain-English rule is that every line in the caption must match your existing case file exactly. The consequence of a typo, even a missing middle initial, is that the clerk’s office may reject the filing under California Rules of Court, Rule 2.100. A common misconception is that minor differences “don’t matter”; they do, because the clerk runs character matches against the docket.
State Bar Number and Self-Represented Parties
If you are an attorney, the State Bar number goes in the top-left box. If you are self-represented, write the words In Pro Per or Self-Represented where the bar number would go. The consequence of leaving the box blank is automatic rejection. Jasmine, a Fresno mother, learned this when her FL-341 was bounced three times before she wrote In Pro Per; the misconception that “blank means self-represented” is wrong because the clerk needs an affirmative label.
Court Branch and Address
Use the exact branch address from your court’s locator page. Different counties hear family law at different courthouses, and a wrong branch sends the file to the wrong judge. The consequence is a continued hearing date and possible loss of priority. The misconception is that the main county address always works; it does not, because branches like Lamoreaux Justice Center in Orange County are the only ones that hear family law there.
Item 1: To (Names of the Parties)
Item 1 is a single line where you list the names of the parties bound by the order. The plain-English rule is that you write the petitioner first and the respondent second, using the names exactly as they appear on the petition. The consequence of swapping them or using nicknames is that law enforcement may refuse to enforce the order during a custody exchange. A common misconception is that initials are acceptable; under Family Code § 3048, the order must contain enough identifying information for police to act.
Item 2: Child Custody
Item 2 is the legal and physical custody grid. You will see four boxes covering legal custody to one or both parents and physical custody to one or both parents. Legal custody covers decisions about health, education, and welfare under Family Code § 3003. Physical custody covers where the child lives under Family Code § 3004.
The plain-English explanation is that joint legal means both parents make big decisions together, sole legal means one parent decides alone, joint physical means the child lives with both, and sole physical means the child lives mainly with one. The consequence of checking sole without supporting evidence is that the court can reject the order under the best-interest standard in Family Code § 3011. A real example is Carlos in Riverside, who checked sole legal because he assumed it meant “primary”; the judge struck the box and ordered joint legal.
Item 2(c): Children Covered
Subsection 2(c) requires the child’s name, date of birth, and age. The plain-English rule is one row per child. The consequence of skipping a child’s birthdate is that the order cannot be entered into the California Child Support Automated System, which links custody to support. The misconception is that “age” alone is enough; it is not, because age changes every year and the system needs DOB.
Item 2(d): Domestic Violence Findings
If there has been a domestic violence finding within the past five years, Family Code § 3044 creates a rebuttable presumption against awarding custody to the abuser. The plain-English meaning is that the abusive parent starts the case losing on custody. The consequence of ignoring § 3044 is reversal on appeal, as the court held in Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655. A common misconception is that the presumption only applies to physical custody; the California Supreme Court in Jason P. v. Danielle S. confirmed it applies to both legal and physical.
Item 3: Child Visitation (Parenting Time)
Item 3 is where you describe when the non-custodial parent (or both, in a shared plan) has the child. The form gives you boxes for reasonable right of visitation, no visitation, visitation according to a schedule, and supervised visitation.
The plain-English rule is that reasonable means the parents work it out themselves. The consequence of choosing reasonable in a high-conflict case is constant 911 calls and contempt motions, because the order has nothing concrete for police to enforce. The misconception that “reasonable” is friendlier sets parents up for failure; the California Courts Self-Help Guide recommends a written schedule whenever conflict exists.
Item 3(a): Reasonable Right of Visitation
Check this box only if you and the other parent communicate well and live close. The consequence of using it during a contentious case is that judges may sua sponte refuse to sign the order. Aisha in Oakland made this mistake and her order was returned with a note from Judge Pro Tem to “specify the schedule.”
Item 3(b): No Visitation
You only check no visitation when the court has found that contact would endanger the child under Family Code § 3100. The consequence of overusing this box is that the moving parent looks vindictive and risks losing legal custody. The misconception that “no visitation” is the default after DV is wrong; supervised visitation is far more common.
Item 3(c): Visitation Schedule
This is the most-used box. You will write the weekday schedule, weekend schedule, holidays, vacations, and exchange location and time. The plain-English rule is to be specific to the minute. The consequence of vague language like “every other weekend” without a starting date is that both parents claim the same weekend and the child is caught in the middle.
A working example: “Father shall have parenting time on the 1st, 3rd, and 5th weekends of every month from Friday at 5:00 p.m. to Sunday at 6:00 p.m., with exchanges at the McDonald’s parking lot at 1234 Main Street, Anytown, CA.” That language survives any enforcement test.
Item 3(e): Supervised Visitation
If you check supervised, you must also attach Form FL-341(A). The plain-English meaning is that all visits happen with a monitor present. The consequence of failing to attach FL-341(A) is that the order is incomplete and the supervisor will not start visits. A common misconception is that any adult can supervise; under Standard 5.20 of the California Standards of Judicial Administration, professional providers must meet training and background-check requirements.
Item 4: Transportation for Visitation and Place of Exchange
Item 4 covers who drives, where the exchange happens, and whether a third party transports. The plain-English rule is to name a specific public, well-lit location and assign each parent a side or time slot. The consequence of a vague exchange is escalating conflict, which judges treat as a change in circumstances under Montenegro v. Diaz (2001) 26 Cal.4th 249.
A common misconception is that the residence is always best. For high-conflict cases, the San Diego Family Court self-help guide recommends police-station lobbies. Real example: Priya and Raj in San Jose used a Starbucks for two years, until a verbal fight led to a restraining order; switching to the Sunnyvale Department of Public Safety lobby ended the incidents.
Item 5: Travel With Children
Item 5 lets the court limit or allow travel with the children. You can require written notice before travel, restrict travel outside California, or require no travel outside the United States. Under Family Code § 3048(b), if there is a risk of abduction, the court must consider the Hague Convention on the Civil Aspects of International Child Abduction.
The plain-English rule is that the more abduction risk, the tighter the travel limits. The consequence of leaving Item 5 blank in a flight-risk case is that the abducting parent can take the child to a non-Hague country and never return. The misconception that “they wouldn’t dare” is dangerous; the U.S. State Department reports thousands of international parental abductions every year.
When to Attach FL-341(B)
If abduction risk exists, attach Form FL-341(B), Child Abduction Prevention. The form lets the judge order passport surrender, supervised travel, and bonds. The consequence of leaving FL-341(B) off when risk factors exist is that you waive the strongest preventive tools available.
Item 6: Other (Custom Provisions)
Item 6 is the catch-all. You can list right of first refusal, communication rules, school enrollment, religious upbringing, extracurricular consent, and substance-abuse testing. The plain-English rule is to keep each provision one sentence per topic. The consequence of long, run-on provisions is that judges line them out in red ink.
A useful real example: “Each parent shall offer the other parent the right of first refusal to care for the children any time the custodial parent will be unavailable for more than four consecutive hours.” The Marin County local rule endorses that exact language.
The FL-341 Sub-Attachments You May Need
The FL-341 family includes five lettered sub-attachments, each addressing a specific issue. You attach only the ones that apply.
FL-341(A): Supervised Visitation Order
FL-341(A) names the supervisor, sets the location, sets the cost-allocation, and lists the rules. The plain-English meaning is that supervision is structured. The consequence of leaving the supervisor blank is that visits never start. A misconception is that grandparents are automatically acceptable; many judges require professional supervisors when violence is alleged.
FL-341(B): Child Abduction Prevention
FL-341(B) implements Family Code §§ 3048 and 3408. It allows passport holds, bond requirements, and travel pre-approval. The consequence of skipping it is no enforcement leverage if the child is taken.
FL-341(C): Children’s Holiday Schedule
FL-341(C) is a grid of holidays and odd/even years. The plain-English rule is to assign every major holiday explicitly. The consequence of vague holiday language is December meltdowns and ex parte filings.
FL-341(D): Additional Provisions
FL-341(D) is a blank-page attachment for anything else, like therapy orders, drug testing under Family Code § 3041.5, or co-parenting class requirements.
FL-341(E): Joint Legal Custody Attachment
FL-341(E) lays out how joint legal decisions are made. The plain-English rule is that it forces parents to confer before major decisions. The consequence of not attaching FL-341(E) in a contested joint-legal case is that one parent unilaterally enrolls the child in school or therapy.
Three Most Common Scenarios on FL-341
The form looks the same, but real families use it differently. Below are three of the most common patterns and what each parent gets.
Scenario 1: 50/50 Week-On, Week-Off
| Plan Element | Court Outcome |
|---|---|
| Joint legal and joint physical, alternating weeks Sunday at 6 p.m. | Equal timeshare under FC § 3040, guideline child support recalculated |
| Holidays split per FL-341(C), summer two-week blocks | Predictable parenting time, fewer modifications |
| Right of first refusal at 4 hours | Reduced third-party childcare, stronger bond |
Scenario 2: Long-Distance Parenting
| Plan Element | Court Outcome |
|---|---|
| Sole physical to in-state parent, joint legal | Stability for school under Marriage of Burgess (1996) 13 Cal.4th 25 |
| Out-of-state parent gets school breaks, summer, alternating winter break | Meaningful contact preserved |
| Travel costs split 50/50, FL-341(D) attached | No future fights over airfare |
Scenario 3: Supervised Visitation After DV Finding
| Plan Element | Court Outcome |
|---|---|
| Sole legal and physical to protected parent | FC § 3044 presumption applied |
| Supervised visits 2 hours weekly with professional monitor (FL-341(A)) | Child safety, ongoing relationship |
| 52-week batterers’ program required | Path to unsupervised contact if completed |
Three Named-Person Examples
Maria in Sacramento (50/50 Plan)
Maria and her co-parent agreed to a week-on, week-off schedule. She filled out Item 2 with joint legal and joint physical, Item 3(c) with the alternating weeks, attached FL-341(C) for holidays, and added right of first refusal at four hours in Item 6. Her child support under the California guideline calculator reflected the 50% timeshare. The judge signed it the same day.
David in San Diego (Long-Distance)
David moved to Texas for work. He kept joint legal but agreed to sole physical with the mother. He listed every school break, summer, and alternating Thanksgiving in Item 3(c), attached FL-341(D) to allocate travel costs 50/50, and added a video-call schedule. The judge approved it under the Burgess move-away framework.
Aisha in Los Angeles (Supervised After DV)
Aisha had a five-year Domestic Violence Restraining Order against the father. She checked sole legal and physical under Item 2, supervised visitation under Item 3(e), and attached FL-341(A) naming a California Association of Supervised Visitation Providers member. The court applied the § 3044 presumption and signed.
Mistakes to Avoid on FL-341
Filling out FL-341 looks simple until you make a mistake the judge will not fix for you. Here are the worst ones.
- Using vague language like “every other weekend” without a starting date, which leads both parents to claim the same weekend.
- Leaving the children’s dates of birth blank, which prevents entry into the DCSS computer system.
- Checking reasonable visitation in a high-conflict case, which guarantees future motions.
- Forgetting to attach FL-341(A) when supervised visitation is checked, which makes visits impossible to schedule.
- Skipping the FL-105 UCCJEA Declaration, which makes the FL-341 order voidable in any other state.
- Naming a non-public exchange location like a private driveway, which invites police calls.
- Ignoring FC § 3044 when there is a DV finding, which is reversible error.
- Writing custom Item 6 provisions in long paragraphs that judges line out for being unenforceable.
- Failing to specify holiday hand-off times to the minute, which causes Christmas Eve police calls.
- Using initials or nicknames in Item 1, which can stop law enforcement from enforcing the order.
Do’s and Don’ts of FL-341
These rules come from the California Courts Self-Help Center and reflect what works in real courtrooms.
- Do write times to the minute (5:00 p.m., not “after school”), because schools dismiss at different times and judges enforce what is written.
- Do attach a UCCJEA declaration on FL-105, because jurisdiction is the foundation of any custody order.
- Do use a public, neutral exchange location, because conflict at private homes leads to police calls.
- Do complete every applicable sub-attachment (A through E), because incomplete orders cannot be enforced.
- Do sign and date with a blue or black pen if filing in paper, because the clerk may reject scanned color signatures.
- Don’t leave checkboxes ambiguous; choose either joint or sole for legal and for physical, because blank means the judge picks.
- Don’t mix legal and physical custody language, because they are different concepts under FC §§ 3003 and 3004.
- Don’t try to reuse a friend’s old FL-341, because the form is updated annually and old versions get rejected.
- Don’t write narrative paragraphs in Item 6, because judges line out unenforceable language.
- Don’t file FL-341 without an underlying motion or stipulation, because it is an attachment and cannot stand alone.
Pros and Cons of Detailed Parenting Plans
The FL-341 lets you write a very detailed plan or a very loose one. There are trade-offs.
- Pro: A detailed plan reduces conflict because every disagreement has a written answer.
- Pro: A detailed plan is enforceable by police, who refuse to act on vague orders.
- Pro: A detailed plan makes child support calculations under the DissoMaster guideline accurate.
- Pro: A detailed plan reduces future court visits, which the Judicial Council 2024 Family Law Caseflow Report shows costs each parent thousands of dollars.
- Pro: A detailed plan gives children predictability, which child psychologists cite as a key resilience factor.
- Con: A detailed plan is rigid, which is bad when a parent works irregular shifts.
- Con: A detailed plan can lock in a schedule that no longer fits a growing teenager.
- Con: Drafting a detailed plan takes time and may require a family law facilitator.
- Con: A detailed plan invites litigation over minor breaches, like 10-minute lateness.
- Con: A detailed plan can be weaponized by a controlling co-parent who counts every minute.
Step-by-Step Walkthrough: Completing FL-341 From Top to Bottom
Below is the order in which you should fill out the form, line by line, to avoid rejection.
Step 1: Download the Current Version
Go to the Judicial Council forms page and download the current fillable PDF. The plain-English rule is to never use a cached or older version. The consequence of using an outdated form is automatic rejection under Rule 1.31. The misconception that “the form never changes” is wrong; revisions occur often.
Step 2: Complete the Caption
Type in your name, address, phone, and email. Match every character to your existing case caption. The consequence of mismatched captions is a clerk rejection that wastes a week.
Step 3: Check Item 2 Boxes Carefully
Decide legal and physical custody separately. Mark each child’s name, DOB, and age in 2(c). The consequence of skipping a child is that the order does not bind that child.
Step 4: Build the Schedule in Item 3
Use days, dates, and times. Pair every pickup time with a drop-off time. The consequence of one-sided times is enforcement gaps.
Step 5: Fix the Exchange in Item 4
Name the location, the side (north or south), and the timing. The consequence of vague exchanges is ongoing conflict.
Step 6: Address Travel in Item 5
Decide notice, distance, and international travel. Attach FL-341(B) if there is any abduction risk. The consequence of skipping § 3048 factors is loss of preventive tools.
Step 7: Add Custom Provisions in Item 6
Write one sentence per topic. The consequence of long paragraphs is line-throughs by the judge.
Step 8: Attach the Right Sub-Attachments
Attach FL-341(A), (B), (C), (D), or (E) as needed. The consequence of missing a required attachment is an incomplete and unenforceable order.
Step 9: Sign and Date
Both parties (and counsel, if any) sign and date. The judge signs last. The consequence of a missing signature is rejection by the clerk under Rule 2.100.
Step 10: File and Serve
File the FL-341 with the underlying motion, stipulation, or judgment. Serve the other party under Code of Civil Procedure § 1013. The consequence of failing to serve is a void order.
Recap of Key California Custody Rulings That Shape FL-341
The cases below directly shape how judges read FL-341 entries. Knowing them helps you draft language that survives appellate review.
Montenegro v. Diaz (2001) 26 Cal.4th 249 holds that a stipulated custody order is a final judicial custody determination only if it clearly states so. The consequence is that FL-341 should expressly say “this is a final judicial custody determination” if you want the changed circumstances test to apply later.
Marriage of LaMusga (2004) 32 Cal.4th 1072 sets the move-away factors. The consequence is that long-distance FL-341 plans must address each LaMusga factor in Item 6 or as part of the underlying findings.
Marriage of Brown & Yana (2006) 37 Cal.4th 947 clarifies that a sole-custody parent can move without an evidentiary hearing unless detriment is shown. The consequence is that FL-341 sole-physical orders carry real weight.
Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655 confirms that the FC § 3044 presumption is mandatory. The consequence is that any FL-341 awarding custody to a DV perpetrator must contain written findings under FC § 3044(f).
Marriage of Burgess (1996) 13 Cal.4th 25 gives the custodial parent a presumptive right to relocate. The consequence is that long-distance FL-341 plans should follow Burgess’s guidance on stability.
Key Entities You Will Encounter
The FL-341 ecosystem involves several institutions, and knowing each role helps you navigate quickly.
The Judicial Council of California writes and revises every Judicial Council form. The California Department of Child Support Services uses your FL-341 timeshare to compute child support. Your local Family Court Services mediator interviews both parents before the FL-341 is signed in many counties. The California Association of Supervised Visitation Providers supplies the monitors named in FL-341(A). The State Department’s Office of Children’s Issues coordinates Hague returns when FL-341(B) provisions fail.
Frequently Asked Questions
Is FL-341 mandatory in every California custody case?
Yes. Every county uses FL-341 as the standard custody and visitation order attachment under California Rules of Court, Rule 1.31, and judges will not sign non-conforming custom orders.
Can I file FL-341 by itself without any other paperwork?
No. FL-341 is an attachment, so it must accompany an underlying Request for Order, stipulation, judgment, or Findings and Order After Hearing.
Do both parents have to sign FL-341 for it to be valid?
No. Only the judge’s signature makes the order binding, although party signatures are required when FL-341 is part of a stipulation.
Can I write my own custom schedule on a separate page instead?
Yes. You can attach FL-341(D) for additional provisions, but you still must check the corresponding boxes on the base FL-341 form.
Does FL-341 control child support?
No. FL-341 sets the timeshare, but support is calculated separately on FL-150 and FL-342 using the statewide guideline formula.
Can I change FL-341 later if circumstances change?
Yes. You file a new Request for Order with a new FL-341 reflecting the proposed changes, subject to the changed-circumstances or best-interest standard.
Is supervised visitation under FL-341(A) permanent?
No. Supervised visitation is meant to be temporary, ending when the supervised parent completes required programs and shows the child’s safety is no longer at risk.
Do I need a lawyer to fill out FL-341?
No. Many parents complete FL-341 themselves with help from a family law facilitator or self-help center, although complex or high-conflict cases benefit from counsel.
Can FL-341 include a right of first refusal?
Yes. You can add a right of first refusal in Item 6 or on FL-341(D), specifying the trigger time, like four hours of unavailability.
Does FL-341 require me to disclose addresses?
No. If domestic violence is at issue, you can request address confidentiality under the Safe at Home program, and the order will use a substitute address.
Can grandparents be named on FL-341?
Yes. Grandparent visitation can be added under Family Code § 3104, but it requires a separate showing of a pre-existing bond and best interest.
Will FL-341 be enforced in another state?
Yes. Under the PKPA and the UCCJEA, a properly entered FL-341 is entitled to full faith and credit in every state.
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-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-344 (w/Examples) + FAQs
- How to Fill Out California Form FL-380 (w/Examples) + FAQs
- How to Fill Out California Form FL-600 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs