What is a parenting plan in California?

A parenting plan is a written document in which parents set out how they will share legal custody, physical custody, and time with their children. In California it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing custody order. The plan describes decision-making and the parenting-time schedule, and the parents ask a California court to approve it under the best interest of the child standard (Family Code Section 3011).

What is the difference between a parenting plan and a custody order in California?

In California a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. California does not require a separate written parenting plan by statute; custody is set by a court order or by the parents' stipulation once a judge approves it. When the parents agree, they submit their plan and the court, if it finds the arrangement is in the child's best interest, adopts it as a binding custody order (Family Code Sections 3011 and 3020).

What are legal custody and physical custody in California?

In California, legal custody is the right and responsibility to make decisions about a child's health, education, and welfare, and physical custody is where the child lives and the time the child spends with each parent. Each type can be joint, shared by both parents, or sole to one parent, and custody may be ordered to both parents jointly or to either parent (California Family Code Section 3040(a)).

Does California presume joint custody?

No. California does not apply a general presumption in favor of joint custody. A presumption that joint custody is in the child's best interest applies only where the parents have agreed to joint custody, or agree to it in open court (California Family Code Section 3080). Otherwise a California court decides legal and physical custody case by case under the best interest standard.

Is a written parenting plan required in California?

California does not require a separate, standalone written parenting plan by statute. Instead, custody is set by a court order or by the parents' own written agreement, or stipulation, once the court approves it. Writing out a clear parenting plan is still valuable in California because it shows the court the schedule and decision-making arrangement the parents are asking it to adopt.

What form do I use for child custody in California?

California provides Judicial Council form FL-311, the Child Custody and Visitation (Parenting Time) Application Attachment, which is used with a custody request to describe legal custody, physical custody, and the parenting-time schedule. FL-311 uses the term parenting time for the schedule. It is filed together with the underlying custody or divorce request, not as a standalone document.

Do I have to attend mediation or a parenting class in California?

In California, when custody or visitation is contested, the court sets those issues for mediation before the hearing (California Family Code Section 3170). California does not have a statewide statute requiring a parenting-education class; where a class is required, it comes from a local court rule rather than a statewide mandate, so check the rules of your California county's court.

California Parenting Plan

A California parenting plan sets out legal custody, physical custody, and the parenting-time schedule two parents ask the court to approve under the best interest of the child standard. Attorney review available.

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Introduction

A parenting plan is a written agreement that sets out how two parents will share legal custody, physical custody, and time with their children, and it is used by parents who are divorcing, by parents who were never married, and by parents who need to modify an existing custody order. In California, custody has two parts: legal custody, which is the right to make decisions about a child's health, education, and welfare, and physical custody, which is where the child lives. Each type can be joint, shared by both parents, or sole to one parent, and custody may be ordered to both parents jointly or to either parent (California Family Code Section 3040(a)). California courts decide custody by the best interest of the child, weighing the factors listed in Family Code Section 3011, and the health, safety, and welfare of the children is the court's primary concern (Family Code Section 3020(a)). A California court may not base a custody decision on a parent's sex, gender identity, gender expression, or sexual orientation (Family Code Section 3020(d)). California does not have a general presumption in favor of joint custody; that presumption applies only when the parents have agreed to joint custody (Family Code Section 3080). The state does not require a separate written parenting plan by statute. Instead, custody is set by a court order or by the parents' own written agreement, or stipulation, once the court approves it. Parents commonly use Judicial Council form FL-311 to present the custody and parenting-time schedule they are requesting. DocDraft builds your California parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out legal custody, physical custody, and a parenting-time schedule for their children, whether the parents are divorcing, were never married, or are changing an existing order.
2
In California, legal custody is the right to make decisions about a child's health, education, and welfare, and physical custody is where the child lives; each can be joint or sole (California Family Code Section 3040).
3
California courts decide custody by the best interest of the child and weigh the factors listed in Family Code Section 3011, with the health, safety, and welfare of the children as the court's primary concern (Family Code Section 3020(a)).
4
A California court may not consider a parent's sex, gender identity, gender expression, or sexual orientation when deciding custody (California Family Code Section 3020(d)).
5
California does not apply a general presumption in favor of joint custody; that presumption applies only when the parents have agreed to joint custody (California Family Code Section 3080).
6
California does not require a separate written parenting plan by statute; custody is set by a court order or by the parents' written agreement, or stipulation, once the court approves it.
7
Parents commonly use Judicial Council form FL-311, the Child Custody and Visitation Application Attachment, to present the custody and parenting-time schedule they request, and contested custody is set for mediation before a hearing (California Family Code Section 3170).

Key decisions before you file

Before you file a Parenting Plan in California, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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CALIFORNIA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing custody order. It sets out legal custody, physical custody, and the parenting-time schedule the parents ask a California court to approve.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody (decision-making). The parents will share [joint / sole to PARENT] legal custody. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical custody and parenting time. The parents will share [joint / sole to PARENT] physical custody. The children will live with [PARENT] and spend parenting time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the parenting-time schedule.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to court approval and is guided by the best interest of the child, with the health, safety, and welfare of the children as the court's primary concern (California Family Code Sections 3011 and 3020). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

California Requirements for Parenting Plan

Legal and Physical Custody
California custody has two parts: legal custody, the right to make decisions about a child's health, education, and welfare, and physical custody, where the child lives. Each can be joint, shared by both parents, or sole to one parent, and custody may be ordered to both parents jointly or to either parent (California Family Code Section 3040(a)).
Best Interest of the Child Standard
A California court decides custody by the best interest of the child, weighing the factors listed in Family Code Section 3011, with the health, safety, and welfare of the children as its primary concern (Family Code Section 3020(a)). The court may not consider a parent's sex, gender identity, gender expression, or sexual orientation (Family Code Section 3020(d)).
No General Joint-Custody Presumption
California does not apply a general presumption in favor of joint custody. A presumption that joint custody serves the child's best interest applies only where the parents have agreed to joint custody, or agree to it in open court (California Family Code Section 3080). Otherwise the court decides custody case by case.
Custody Set by Order or Stipulation
California does not require a separate, standalone written parenting plan by statute. Custody is set by a court order or by the parents' own written agreement, or stipulation, once the court approves it. A clear written plan still shows the court the arrangement the parents are asking it to adopt.
Legal Custody Decision-Making
Your parenting plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint legal custody in California both parents share the right to make these decisions, while sole legal custody places them with one parent (California Family Code Section 3040(a)).
Physical Custody and Parenting Time
Your plan should describe physical custody and the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. California's Judicial Council form FL-311 uses the term parenting time for this schedule.
Judicial Council Form FL-311
California provides Judicial Council form FL-311, the Child Custody and Visitation (Parenting Time) Application Attachment, used with a custody request to set out legal custody, physical custody, and the parenting-time schedule. It is filed with the underlying custody or divorce request, not as a standalone document.
Mandatory Mediation and Court Approval
When custody or visitation is contested in California, the court sets those issues for mediation before the hearing (California Family Code Section 3170). The parenting plan takes effect only when the court approves it under the best interest of the child standard (Family Code Sections 3011 and 3020). Any parenting-class requirement in California comes from a local court rule, not a statewide statute.

Find out where you stand in California

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

California Requirements for Parenting Plan

Legal and Physical Custody

Best Interest of the Child Standard

No General Joint-Custody Presumption

Custody Set by Order or Stipulation

Legal Custody Decision-Making

Physical Custody and Parenting Time

Judicial Council Form FL-311

Mandatory Mediation and Court Approval

Frequently Asked Questions