California Form FL-344 is the Child Custody and Visitation (Parenting Time) Order Attachment cover sheet used by family courts to bundle specific custody, visitation, holiday, supervised-visitation, abduction-prevention, and joint-legal-custody attachments into a single signed order. You fill it out by checking the boxes for each FL-341 series attachment you are submitting, listing the case caption, and attaching the matching forms before the judge signs.
Roughly 50% of California marriages end in divorce, and the Judicial Council of California reports that contested custody filings appear in over 200,000 family law matters each year, which means tens of thousands of parents touch FL-344 annually. A single missed checkbox or unsigned attachment can void weeks of negotiation, delay your hearing, and force you to refile under California Rules of Court, Rule 5.125.
- ⚖️ How to read every line of FL-344 and decide which attachments belong with your custody order
- 📝 Step-by-step instructions for FL-341, FL-341(A) through FL-341(E), FL-342, and FL-343 attachments
- 👨👩👧 Three named real-world scenarios showing how parents use FL-344 in different counties
- 🚫 The seven most common mistakes that get FL-344 rejected by California court clerks
- 📚 Plain-English answers to the ten questions parents ask most about FL-344
What Form FL-344 Actually Is
Form FL-344 is a single-page Judicial Council form titled Child Custody and Visitation (Parenting Time) Order Attachment. It is not a stand-alone order. It is a cover and selection sheet that tells the judge which attachment forms in the FL-341 family are part of the final custody and parenting-time order. Without FL-344, those attachments float without a parent document, and the clerk cannot enter them into the case file.
The form lives inside a larger family law packet. It rides along with the FL-300 Request for Order, the FL-180 Judgment, or a stipulated agreement using FL-355. Federal law does not control custody mechanics. Custody is a state matter under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in California at Family Code §3400 et seq..
The plain-English purpose of FL-344 is to keep the judge organized. The consequence of skipping it is that the clerk may reject your filing under Rule 5.125, and your hearing date may slip. Imagine Maria in Sacramento walking into Department 121 with five attachment forms but no FL-344. The judge cannot tell which attachments are part of the order, so the bench officer continues the hearing for thirty days. A common misconception is that FL-344 is interchangeable with FL-341, but FL-341 is one of the attachments FL-344 references, not a substitute.
Who Files FL-344
Either parent files FL-344, and so do legal guardians, grandparents seeking visitation under Family Code §3104, and stepparents in adoption-adjacent custody requests. Self-represented (pro per) parents file the form directly through the Self-Help Center. Attorneys file electronically through county-specific portals like Los Angeles e-Delivery or San Diego ReFileSD.
The form must be filed in the county that has jurisdiction under the UCCJEA. The consequence of filing in the wrong county is dismissal under Family Code §3421. For example, David in Orange County cannot file FL-344 in Riverside simply because that courthouse is closer; jurisdiction follows the child’s home state and home county. A common misconception is that the parent’s residence controls. The child’s six-month residence usually controls.
When To Use FL-344
Use FL-344 any time the court is about to sign a custody or parenting-time order that incorporates one or more standardized attachments. That includes initial custody orders, modifications, stipulated parenting plans, judgment-time orders, and post-judgment requests. Skip FL-344 only when your order has no attachments and all custody language fits inside the FL-341 itself or in a narrative attachment.
The consequence of using FL-344 when no attachments exist is mild confusion, but the consequence of not using it when attachments exist is severe. The judge may strike the attachments under Code of Civil Procedure §436. Picture Aisha in Fresno asking for a holiday schedule and an abduction-prevention order. She must list both FL-341(C) and FL-341(B) on her FL-344, or one of them will not become an order. A common misconception is that judges will “figure it out.” They will not.
Federal Backdrop Before California Specifics
Custody is governed at the federal level only at the edges. The Parental Kidnapping Prevention Act (28 U.S.C. §1738A) requires states to give full faith and credit to other states’ custody orders. The Hague Convention on the Civil Aspects of International Child Abduction governs international abduction. The Servicemembers Civil Relief Act provides custody stays for deployed parents. None of these statutes change how you fill out FL-344, but they shape the substantive relief you request inside the attachments.
The plain-English meaning is that federal law tells California to honor sister-state orders, and California then channels day-to-day custody mechanics through the FL-341 attachment family. The consequence of ignoring federal law is that an out-of-state custody order may control over your California request, voiding your FL-344. For example, Marcus moves from Texas to Bakersfield with a Texas custody order; his Kern County FL-344 cannot override the Texas order until California registers it under Family Code §3445. A misconception is that crossing state lines resets custody. It does not.
Line-by-Line Walkthrough of FL-344
The form has a header section, a checkbox grid for attachments, and a signature footer. Each part has rules. Each rule has a consequence. Each consequence has an example. Read this section with the blank FL-344 PDF open in another tab so the field labels match what you see.
Header: Caption, Case Number, Hearing Date
The top of FL-344 mirrors the caption from your underlying case. You enter the petitioner’s name, respondent’s name, “other parent” or “other parties” if applicable, and the assigned case number. The case number must match the number on your FL-100 Petition or FL-260 Petition for Custody and Support of Minor Children exactly, including dashes and prefixes.
The consequence of a wrong case number is that the clerk routes your form to the wrong department, and your hearing is not calendared. Sofia in Alameda once entered “RG” instead of “RF” and lost two weeks. A common misconception is that the clerk will fix typos. Clerks are prohibited from giving legal advice under Government Code §68088.
Item 1: Identifying the Order Type
Item 1 asks whether FL-344 is attached to a Findings and Order After Hearing (FL-340), a Stipulation (FL-355), a Judgment (FL-180), or another order. You check exactly one box. If the order is a Findings and Order After Hearing, you also reference the date of the hearing. If it is a Stipulation, you reference the date the parties signed.
The consequence of checking the wrong order type is that your attachments may not become enforceable. The judge may sign the wrong document. Picture Jamal in Riverside checking “Stipulation” when the order was a contested ruling; the bailiff returns the packet to him. A misconception is that all custody orders are the same type. They are not. Each has its own enforcement path under Family Code §290.
Item 2: Attachment Selection Grid
Item 2 lists the attachments you can incorporate. You check every box that applies. The grid includes:
- FL-341 Child Custody and Visitation (Parenting Time) Order Attachment core form
- FL-341(A) Supervised Visitation Order
- FL-341(B) Child Abduction Prevention Order Attachment
- FL-341(C) Children’s Holiday Schedule Attachment
- FL-341(D) Additional Provisions—Physical Custody Attachment
- FL-341(E) Joint Legal Custody Attachment
- FL-342 Child Support Information and Order Attachment
- FL-343 Spousal, Partner, or Family Support Order Attachment
- “Other” attachment narrative
Each box you check must correspond to an actual attached form. The consequence of checking a box without attaching the form is that the clerk will reject the filing under Local Rule 5.6 in many counties. Priya in Santa Clara checked the FL-341(B) box but forgot to attach the form; the clerk stamped “Received” but not “Filed,” and her abduction-prevention request was never heard. A misconception is that the boxes are optional. They are not.
Signature Footer
The footer is signed by the judicial officer, not by the parties. Above the judge’s signature line, the form notes the date the order was signed. Below the judge’s signature, the clerk imprints the case number and the filing endorsement.
The consequence of a missing judicial signature is that the order is not enforceable. Sheriff’s deputies will not enforce custody exchanges based on an unsigned order under Penal Code §278.5. Imagine Carlos in San Bernardino trying to retrieve his daughter using an unsigned FL-344; the deputy refuses to act. A misconception is that the parents’ signatures on the underlying stipulation are enough. They are not when FL-344 is the cover.
Each FL-341 Attachment Explained
Below is a plain-English explanation of every attachment FL-344 references. Each block follows the same pattern: what the attachment does, the consequence of misusing it, a real example, and a misconception.
FL-341 — Core Custody and Parenting Time
FL-341 sets out legal custody, physical custody, and a baseline parenting schedule. Legal custody means decision-making authority over health, education, and welfare under Family Code §3003. Physical custody means where the child lives under Family Code §3004.
The consequence of leaving FL-341 vague is endless follow-up litigation. Judges hate ambiguity. Lin in San Mateo wrote “reasonable visitation” without a schedule; six months later she returned with a contempt motion that failed because “reasonable” is unenforceable under Marriage of Birdsall (1988) 197 Cal.App.3d 1024. A misconception is that flexibility now saves money later. It rarely does.
FL-341(A) — Supervised Visitation
FL-341(A) imposes supervision on a parent’s visits. It identifies the supervisor, the location, the duration, and any rules such as no overnight visits or no third-party contact. Supervision applies under Family Code §3200 when the court finds risk to the child.
The consequence of vague supervision terms is that the supervised parent may bring an unauthorized person, and the visit must be terminated. Ahmed in Long Beach listed “a relative” as supervisor; the mother refused to deliver the child until a specific name appeared. A misconception is that any adult can supervise. Professional supervisors must meet the Standards of Practice in Rule 5.20.
FL-341(B) — Child Abduction Prevention
FL-341(B) restricts travel, requires passport surrender, and triggers Department of State alerts. Use it when Family Code §3048 factors apply, including prior threats, foreign citizenship, or no ties to California.
The consequence of failing to attach FL-341(B) when risk exists is that a parent may legally take the child abroad before any other order can stop them. Elena in Orange County did not attach FL-341(B); the father flew the child to Brazil, a non-Hague country. A misconception is that a verbal warning to the other parent is enough. Only the Children’s Passport Issuance Alert Program provides real protection.
FL-341(C) — Holiday Schedule
FL-341(C) lists each holiday, who has the child, and the exchange time. It overrides the regular FL-341 schedule on listed dates.
The consequence of a missing FL-341(C) is that holidays default to the regular schedule, which often produces conflict. Tomás in Ventura assumed Christmas Eve was his because it fell on his weekend; the mother disagreed, and he had no holiday attachment to enforce. A misconception is that “even years to mom, odd years to dad” is universal. It is not. You must spell it out.
FL-341(D) — Additional Physical Custody Provisions
FL-341(D) is the catch-all for physical custody details. It covers transportation, right of first refusal, communication during the other parent’s time, and exchange locations.
The consequence of skipping FL-341(D) is that minor disputes balloon into court hearings. Hannah in Sonoma did not specify the exchange location; she and the father met at three different McDonald’s parking lots before the next hearing. A misconception is that texting can fix this later. Texts are not court orders.
FL-341(E) — Joint Legal Custody Provisions
FL-341(E) clarifies how parents will share decisions on schools, medical care, religion, and extracurriculars under joint legal custody.
The consequence of leaving joint legal custody undefined is gridlock at every fork in the child’s life. Reyna in Long Beach and her ex disagreed over a kindergarten enrollment with no FL-341(E); the child started school late. A misconception is that joint legal custody means equal time. It does not. It means equal decision-making.
FL-342 and FL-343 — Support Attachments
FL-342 sets child support amounts using guideline calculations under Family Code §4055. FL-343 sets spousal or partner support under Family Code §4320.
The consequence of incorrect math on these attachments is that the order may be later modified retroactively. Daniel in Modesto used the wrong timeshare percentage on FL-342, and the Department of Child Support Services garnished too little; he received a back-payment demand a year later. A misconception is that parents can write any number they agree on. They can stipulate above guideline but not below absent statutory findings under Family Code §4065.
Three Real-World Scenarios
These three scenarios show how different California parents use FL-344. Each shows a decision and what flows from it.
Scenario 1: Maria in Sacramento Files Initial Custody
| Step Maria Takes | Outcome in Court |
|---|---|
| Files FL-300 plus FL-344 listing FL-341 only | Judge enters basic 2-2-3 schedule with no holiday split |
| Adds FL-341(C) at hearing for Christmas | Judge signs amended FL-344 the same day |
| Forgets to check FL-341(E) box | Joint legal custody disputes return within 90 days |
Scenario 2: David in Orange County Modifies Visitation
| Step David Takes | Outcome in Court |
|---|---|
| Submits FL-344 with FL-341(A) supervised visitation | Court orders professional supervisor at $90/hour |
| Requests removal of supervision after 6 months | Files new FL-344 with only FL-341, supervision lifted |
| Tries to skip FL-344 on second filing | Clerk rejects packet, hearing delayed 30 days |
Scenario 3: Aisha in Fresno Prevents Abduction
| Step Aisha Takes | Outcome in Court |
|---|---|
| Files FL-344 with FL-341(B) and FL-341(D) | Father surrenders passport within 10 days |
| Adds FL-341(C) for summer travel rules | Court limits travel to Hague countries only |
| Registers order with State Department | Child placed on CPIAP alert list |
Mistakes To Avoid
Each mistake below has a direct consequence. Avoid all seven.
- Checking a box on FL-344 without attaching the corresponding form, which voids that part of the order
- Using a different case caption than your FL-100, which causes clerk rejection
- Forgetting the judge’s signature, which makes the order unenforceable under Penal Code §278.5
- Using “reasonable visitation” without specifics, which fails the Birdsall enforceability test
- Filing FL-344 in the wrong county, which triggers UCCJEA dismissal under Family Code §3421
- Skipping FL-341(B) when abduction risk exists, which leaves the child unprotected internationally
- Listing a vague supervisor on FL-341(A), which causes visits to be canceled at the door
- Submitting FL-342 with the wrong timeshare percentage, which triggers retroactive support modifications
- Failing to serve the other parent under Code of Civil Procedure §1005, which delays the hearing 16 court days
Do’s and Don’ts
These rules keep your filing clean. Each item explains the why.
- Do open the blank FL-344 PDF and fill it electronically, because clerks reject illegible handwriting under local rules
- Do match every checked box to an attached form, because mismatched packets are returned at the window
- Do confirm jurisdiction under Family Code §3421, because wrong-county filings are dismissed
- Do save a stamped copy after filing, because you will need it for sheriff enforcement
- Do consult the Self-Help Center before filing, because court staff cannot advise but self-help facilitators can
- Don’t sign as the judge, because impersonation is a felony under Penal Code §132
- Don’t file FL-344 alone, because it must accompany an underlying order
- Don’t use white-out, because altered Judicial Council forms are rejected
- Don’t list the child’s address on the form when domestic violence applies, because Family Code §6322.5 protects confidentiality
- Don’t submit FL-344 without the underlying FL-300 or stipulation, because the cover sheet has no independent legal effect
Pros and Cons of Using FL-344
Form FL-344 has trade-offs. Weigh both sides before filing.
- Pro: Standardizes complex orders so judges sign faster, reducing courtroom time
- Pro: Bundles attachments into one enforceable order, simplifying sheriff enforcement
- Pro: Reduces drafting errors because each attachment uses fixed Judicial Council language
- Pro: Free to download from courts.ca.gov
- Pro: Accepted in every California superior court, eliminating county-by-county template hunts
- Con: Rigid format limits creative parenting plans, forcing parties to use FL-341(D) “additional provisions”
- Con: Adds paperwork to simple agreements, frustrating parents in low-conflict cases
- Con: Misuse can void substantive rights, especially when boxes are checked without attachments
- Con: Judges may not read every attachment carefully, missing nuanced requests
- Con: Modifications require a fresh FL-344, multiplying filings over a child’s lifetime
Key Entities You Should Know
The custody system involves more than the two parents. Knowing each player’s role helps you complete FL-344 accurately.
- The Judicial Council of California drafts and updates the FL-344 template
- The California Family Code supplies the substantive law behind every attachment
- The Department of Child Support Services enforces FL-342 child support orders
- The Family Court Services office mediates custody before judges sign FL-344
- The Office of the Family Law Facilitator helps pro per parents fill out the forms
- The State Department CPIAP operationalizes FL-341(B) abduction-prevention orders
- The California Sheriff’s Association enforces custody exchanges based on signed FL-344 orders
Court Rulings That Shape FL-344
California appellate decisions shape how FL-344 attachments are drafted and enforced. Each ruling below has a practical takeaway.
- Marriage of Burgess (1996) 13 Cal.4th 25 governs move-away cases and influences how FL-341(D) addresses relocation
- Montenegro v. Diaz (2001) 26 Cal.4th 249 distinguishes “final” from “temporary” custody orders, shaping which box you check on FL-344 item 1
- Marriage of LaMusga (2004) 32 Cal.4th 1072 refines move-away factors, often litigated under FL-341(D)
- Marriage of Brown & Yana (2006) 37 Cal.4th 947 limits evidentiary hearings on relocation, affecting attachment drafting
- Marriage of Birdsall (1988) 197 Cal.App.3d 1024 requires definite visitation language, killing “reasonable visitation” entries on FL-341
Filing, Service, and Hearing Mechanics
After you fill out FL-344 and stack the attachments, you file the packet at the family law clerk’s window or upload through your county’s e-filing system. The filing fee for an initial petition is $435 to $450 in most counties under Government Code §70670, waivable through the FW-001 fee waiver. Modifications often have no filing fee.
Service follows Code of Civil Procedure §1005. You must serve at least 16 court days before the hearing, plus 5 calendar days for mail. The consequence of late service is that the judge will continue your hearing, and your kids wait. Marcus in Bakersfield served his ex 14 court days out and lost six weeks of progress. A misconception is that handing the form to the other parent is enough; service requires a non-party adult under CCP §1011.
At the hearing, the judge reviews each attachment listed on FL-344 and either signs as proposed, modifies the language, or strikes a provision. Once signed, the clerk endorses the order and returns conformed copies for service on the other parent under Family Code §215. Keep three certified copies: one for your records, one for the school, and one for the sheriff.
County-Level Variations
Although FL-344 is a statewide form, counties differ on filing logistics. Los Angeles Superior Court requires e-filing for represented parties under LASC Local Rule 3.4. San Diego Superior Court uses ReFileSD. Alameda Superior Court accepts in-person and File and ServeXpress. Santa Clara requires Family Court Services mediation before custody hearings.
The consequence of ignoring local rules is rejection at the window. Priya in Santa Clara skipped the mandatory mediation step, and her FL-344 was set off calendar. A misconception is that statewide forms guarantee statewide procedure. They do not. Always read your county’s Local Rules before filing.
Comparing FL-344 to Related Forms
This table separates FL-344 from forms that look similar but serve different roles.
| Form | Role |
|---|---|
| FL-344 | Cover sheet bundling FL-341 series attachments into a custody order |
| FL-341 | Core custody and parenting-time substance |
| FL-340 | Findings and Order After Hearing parent document |
| FL-300 | Request for Order seeking custody relief |
| FL-180 | Final judgment of dissolution incorporating custody |
| FL-355 | Stipulation and Order for Custody and/or Visitation |
FAQs
Is California Form FL-344 mandatory in every custody case?
No. FL-344 is required only when one or more FL-341 series attachments are part of the order. Pure narrative orders without standard attachments do not need FL-344.
Can I file FL-344 without an attorney?
Yes. Self-represented parents file FL-344 every day through county Self-Help Centers and family law facilitators who help you complete the form for free.
Does FL-344 require a filing fee?
No. FL-344 is part of an existing case, so no separate fee applies; the underlying FL-300 or FL-100 carries the fee, which fee waivers can erase.
Will the judge fill out FL-344 for me?
No. Judges sign FL-344, but parties or attorneys complete the body. Court clerks are barred from drafting under Government Code §68088.
Can FL-344 be modified after it is signed?
Yes. File a new FL-300 along with a fresh FL-344 listing the new attachments; the judge issues a modified order.
Is FL-344 enforceable across state lines?
Yes. Under the Parental Kidnapping Prevention Act, other states must give full faith and credit to a properly signed California FL-344 custody order.
Do I need FL-344 for a temporary emergency order?
Yes. Even emergency orders under Family Code §3064 use FL-344 when the temporary order incorporates FL-341 attachments.
Can grandparents use FL-344?
Yes. Grandparents seeking visitation under Family Code §3104 attach FL-344 to their request when standard parenting-time language applies.
Does FL-344 cover child support orders?
Yes. When FL-342 is checked on FL-344, child support becomes part of the same custody order, calculated under Family Code §4055.
Will sheriff’s deputies enforce a custody exchange based on FL-344?
Yes. A signed and conformed FL-344 with attached FL-341 is enforceable; deputies act under Penal Code §278.5 when a parent withholds the child.
Can FL-344 include international travel restrictions?
Yes. Check the FL-341(B) box and attach the Child Abduction Prevention Order; the order can require passport surrender and Hague Convention cooperation.
Is FL-344 the same as a parenting plan?
No. FL-344 is the cover sheet; the parenting plan lives inside FL-341 and FL-341(D). Calling them the same causes filing confusion and rejected packets.
Related reading
- How to Fill Out California Form FL-260 (w/Examples) + FAQs
- How to Fill Out California Form FL-305 (w/Examples) + FAQs
- How to Fill Out California Form FL-311 (w/Examples) + FAQs
- How to Fill Out California Form FL-341 (w/Examples) + FAQs
- How to Fill Out California Form FL-345 (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