Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment – California

What is FL-311?

Who needs to file FL-311?

When to file FL-311

Documents you need

• The main filing the form is attached to (Petition, Response, Request for Order, Responsive Declaration to Request for Order, or another document you specify): FL-311 does not stand alone.
• Form FL-341(E), Joint Legal Custody Attachment, or a document with the same content: only if you ask for joint legal custody orders that specify when the parents must agree before decisions.
• Form FL-312: required if you check item 9 because there is a risk a party will take the children out of California without the other party's permission.
• Form FL-341(C), for the children's holiday and vacation schedule you request under item 11, if you use item 11.
• Form FL-341(D), for additional custody provisions you request under item 12, if you use item 12.
• Declaration of Supervised Visitation and Exchange Services Provider (Professional), form FL-324(P): if you name a professional provider in item 6c, the provider must meet its requirements and sign it.
• Declaration of Supervised Visitation and Exchange Services Provider (Nonprofessional), form FL-324(NP): if you name a nonprofessional provider in item 6c, the person must meet its requirements.
• Attachment pages you refer to, such as Attachment 1 (children), 4a(4), 4b, 5b(2), 5c(2)(B) or 6b: only when your answers do not fit in the space on the form.

How to fill out FL-311

1. 1

   Enter the case caption and filing

   At the top, enter the Petitioner, Respondent, Other Parent/Party and case number. On the TO line, check Petition, Response, Request for Order, Responsive Declaration to Request for Order, or Other (specify).

2. 2

   List the minor children in item 1

   Enter each child's name, birthdate and age, or check the box for Attachment 1 if you list the children on a separate page.

3. 3

   Request custody in item 2

   In 2a and 2b, mark who should have physical custody and legal custody: Petitioner, Respondent, Joint or Other Parent/Party. Check 2c if abuse or substance abuse is alleged (then complete item 5), and use 2d for anything else.

4. 4

   Choose the visitation option in item 3

   Check one option from 3a to 3e: reasonable visitation, a described schedule in an attached document with its date, the schedule in item 4, supervised visitation (complete item 6), or no visitation with reasons in item 13.

5. 5

   Set the schedule in item 4

   Check whose parenting time it is, then fill in the weekend, alternate weekend or weekday days and times, with the start date and "start of" or "after" school where it applies. Use 4b for virtual visitation and 4c for other ways visitation can happen.

6. 6

   Complete item 5 if abuse is alleged

   In 5a, mark who is alleged to have a history of abuse or habitual substance abuse. In 5b and 5c, state your custody and visitation requests and write your reasons, with orders specific as to time, day, place and manner of exchange.

7. 7

   Fill in supervised visitation in item 6

   Mark who is to have supervised visitation and give your reasons. Then name the monitor and phone number, say whether the provider is professional or nonprofessional, and give the percentage of professional fees each party pays. Choose the location in 6d and the schedule in 6e.

8. 8

   Specify transportation and exchanges in item 7

   Name who provides transportation to and from visits and give the exchange point addresses at the start and end of each visit. Check 7a and 7f if they match your request, and use 7g for anything else.

9. 9

   Set travel limits and abduction orders

   In item 8, say who needs written permission or a court order to take the children out of California, listed counties or other places. Check item 9 only if you request the orders on form FL-312.

10. 10

    Complete items 10 to 13

    Item 10: request mediation or child custody recommending counseling, with date, time and location if applicable. Item 11: holiday schedule on FL-341(C). Item 12: additional custody provisions on FL-341(D). Item 13: any other requests.

11. 11

    Review and download the completed PDF

    Check that every item that applies is complete and that the attachments you reference are ready. Download or print the completed PDF from FillingPDF and assemble it with the filing described under How to submit.

How to submit FL-311

Common mistakes to avoid

• Treating FL-311 as an order. It states "This is not a court order"; the judge decides what is ordered.
• Checking item 2c (allegations of abuse or substance abuse) without completing item 5, which the form says you must complete.
• Checking item 3a, reasonable visitation, in a case involving domestic violence or substance abuse; the form says it is not appropriate in those cases.
• Checking more than one option in item 3, which says to check one, or checking 3d without completing item 6.
• Asking for custody or visitation despite abuse or substance abuse allegations without orders specific as to time, day, place and manner of exchange, as Family Code sections 3011(a)(5)(A) and 6323(c) require.
• Leaving the exchange points and transportation details in item 7 blank in a domestic violence case, where the court needs specific time, day, place and manner of exchange.
• Naming a supervised visitation provider in item 6c without the provider meeting and signing the FL-324(P) or FL-324(NP) requirements.
• Checking item 9 without attaching form FL-312, the form the item asks you to attach.
• Counting weekends incorrectly in item 4a(1): the form notes that the first weekend of the month is the first weekend with a Saturday.
• Requesting joint legal custody with required agreement points (school, doctor, religious or school activities) in item 2 alone, instead of using FL-341(E) or equivalent content.