Form FL-341(E), Joint Legal Custody Attachment

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Form FL-341(E), Joint Legal Custody Attachment

FL-341(E) is the Judicial Council of California's Joint Legal Custody Attachment, used with custody filings to spell out when both parents must consent. Fill it out online on FillingPDF and download or print the completed PDF.
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FL-341(E) is the Joint Legal Custody Attachment published by the Judicial Council of California. Parents use it to agree on, or ask the court to order, which decisions about the children need both parties' consent and what happens if consent is not obtained. This page lets you fill out the form online on FillingPDF and download or print the completed PDF; the original form is published by the Judicial Council at courts.ca.gov.

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What is FL-341(E)?

Form FL-341(E), Joint Legal Custody Attachment, is a Judicial Council of California attachment that sets out how parties with joint legal custody share decisions about their children, including which matters need both parties' consent and the consequences of acting without it.

The form is approved for optional use and cites Family Code, §§ 3003, 3025 and 3083. California's self-help pages describe it as an attachment to many forms: parents can use it to make agreements, or request court orders, about how they will exercise joint legal custody in the child's best interest, and it can also record a family or juvenile court's orders on additional custody issues.

Its numbered items cover:

  • Item 1: which party or parties have joint legal custody.
  • Item 2: matters that need discussion and consent, such as school or daycare, mental health counseling, extracurricular activities, doctors and dentists, religious activities, and out-of-country or out-of-state travel.
  • Item 3: the consequences of not obtaining consent.
  • Item 4: any special decision-making designation, and access to the children's records.
  • Items 5 to 7: health-care notification, school notification and the children's names.
  • Item 8: other terms.

The form's notice explains that, in exercising joint legal custody, the parties may act alone as long as the action does not conflict with any orders about physical custody. Use FL-341(E) only if you want the court to specify when both parties must consent.

Who needs to file FL-341(E)?

Parents or other parties with joint legal custody of children use FL-341(E) when they want to make agreements, or ask the court for orders, on when both parties must consent to decisions about the children. The form can also be used to state the family or juvenile court's own orders on these custody issues.

The form lists the documents it can be attached to, which shows who files it:

  • a Petition or a Response;
  • a Request for Order or a Responsive Declaration to Request for Order;
  • a Stipulation and Order for Custody and/or Visitation of Children;
  • Findings and Order After Hearing or Judgment;
  • a Custody Order—Juvenile—Final Judgment;
  • another document you specify on the form.

The form names three possible parties: Petitioner, Respondent and Other Parent/Party.

Do not use it if you do not need orders about consent. The form's notice says that, in joint legal custody, the parties may already act alone as long as the action does not conflict with orders about physical custody, and it asks you to use FL-341(E) only if you want the court to specify when consent of both is required.

When to file FL-341(E)

FL-341(E) has no due date of its own. It is used when you prepare a custody filing or order and want to specify when both parties must consent to decisions about the children. It goes with the document it is attached to, such as a Petition, Response, Request for Order, Responsive Declaration to Request for Order, Stipulation and Order for Custody and/or Visitation of Children, or Findings and Order After Hearing or Judgment. Any deadline therefore comes from that main document and the court handling the case. If a child's health-care provider changes after the order, item 5a of this form sets the notice period for telling the other party: the number of days you enter there, counted from the first treatment or examination.

How to fill out FL-341(E)

  1. Enter the case caption

    At the top, enter the Petitioner, Respondent and Other Parent/Party names as they appear in the case, and the case number.

  2. Check the document it attaches to

    On the "TO" line, check the box for the document you are attaching it to, such as Petition, Response, Request for Order or Findings and Order After Hearing or Judgment. If none fits, check Other and specify.

  3. Name the joint legal custodians

    Item 1: check Petitioner, Respondent, Other Parent/Party, or the combination that will have joint legal custody of the children.

  4. Select matters needing consent

    Item 2: check the matters among a through f (school or daycare, mental health counseling, extracurricular activities, doctor or dentist, religious activities, travel) on which both parties must consent. Use g to specify any other matter.

  5. Add other consequences if needed

    Item 3: items 3a and 3b print the civil or criminal penalties and the court's power to change custody. Use 3c to specify any other consequences.

  6. Designate decision-making if needed

    Item 4a: check the party who will make decisions on particular issues and specify the issues. Item 4b, on access to children's records, is printed text with nothing to complete.

  7. Set the health-care notice period

    Item 5a: enter the number of days within which each party must tell the other the name and address of any health practitioner after the first treatment or examination. Items 5b and 5c are printed.

  8. Review school and name items

    Item 6 designates each party as a school emergency contact, and item 7 bars changing the children's last name or records without the other party's written consent. Both are printed; no entry is needed.

  9. Add other terms

    Item 8: specify any other terms you want included. Leave it blank if you have none.

  10. Review and download the PDF

    Check each item against the order you are requesting, then download or print the completed PDF from FillingPDF and attach it to your main document as described under How to submit.

How to submit FL-341(E)

FL-341(E) is not submitted on its own: it travels with the document it is attached to. The form prints no address, portal or other channel of its own.

  • Attach it to your main document. Check the box in the "TO" line for the document it supports (Petition, Response, Request for Order, Responsive Declaration to Request for Order, Stipulation and Order for Custody and/or Visitation of Children, Findings and Order After Hearing or Judgment, Custody Order—Juvenile—Final Judgment, or Other) and submit it with that document.
  • Follow the main document's channel. Use whatever filing channel and address apply to the form or order you attach it to.
  • Check with the court. For local filing rules, contact the court handling your case or the California Courts self-help site at selfhelp.courts.ca.gov.

The form itself prints a reminder to press the Clear This Form button after you have printed it, for your protection and privacy. FillingPDF lets you fill out and download the PDF; submission follows the channels above.

Common mistakes to avoid

  • Using FL-341(E) when you do not need orders on consent; the form says to use it only to ask the court to specify when both parties must consent.
  • Not checking the box in the "TO" line for the document the attachment goes with, or leaving "Other (specify)" blank when it applies.
  • Leaving item 1 without marking which of Petitioner, Respondent or Other Parent/Party will have joint legal custody.
  • Adding an item 2g, 3c, 4a or 8 term without writing out the specifics the form asks you to "specify".
  • Leaving the number of days blank in item 5a, so the notice deadline for telling the other party about a new health practitioner is unclear.
  • Treating item 2d as covering emergencies; the form excludes emergency situations from the doctor, dentist or health professional consent rule.
  • Marking item 4a without naming the issues for which that party will make decisions.
  • Forgetting to press Clear This Form after printing, as the form advises for privacy.

Frequently asked questions

What is FL-341(E) used for?

FL-341(E) is the Joint Legal Custody Attachment of the Judicial Council of California. Parents use it to agree on, or ask the court to order, which decisions about their children need both parties' consent and the consequences of not getting it.

Is FL-341(E) filed by itself?

No. It is an attachment to another document, such as a Petition, Response, Request for Order, Stipulation and Order for Custody and/or Visitation of Children, or Findings and Order After Hearing or Judgment. The form prints no separate address or channel.

Do I have to use FL-341(E) if I have joint legal custody?

No. The form's notice says parties with joint legal custody may act alone if the action does not conflict with orders about physical custody. Use FL-341(E) only if you want the court to specify when both parties' consent is required.

Which decisions does FL-341(E) say need both parents' consent?

Item 2 lists school or daycare enrollment, starting or ending mental health counseling, extracurricular activities, choosing a doctor or dentist (except in emergencies), religious activities, and out-of-country or out-of-state travel, plus any other matter you specify.

What happens if a parent acts without consent under FL-341(E)?

Item 3 says that party may be subject to civil or criminal penalties and that the court may change the legal and physical custody of the children. Item 3c lets you specify other consequences.

Can I fill out FL-341(E) online?

Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not the Judicial Council, and does not file the form; you attach it to your main document and submit through the court's channels.

How many days do I have to tell the other parent about a new doctor?

The form leaves the number to you. In item 5a you enter the number of days within which each party must give the other the name and address of any health practitioner who examines or treats the children, counted from the first treatment or examination.

What is the current revision of FL-341(E)?

The version on this page is FL-341(E) [Rev. July 1, 2016], approved for optional use by the Judicial Council of California and citing Family Code, §§ 3003, 3025 and 3083. Check courts.ca.gov for any later revision.

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