When custody or parenting time is part of a California family law case, checking a box that says "I want custody" isn't enough. The court needs to know exactly what you're asking for, and that's the job of Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment.
Key Takeaway: FL-311 is an attachment, not a standalone filing. It spells out the specific legal custody, physical custody, and parenting time schedule you're requesting, and it attaches to a Request for Order (FL-300) or a Petition (FL-100).
Form FL-311 is the California Judicial Council form titled "Child Custody and Visitation (Parenting Time) Application Attachment." It exists to translate a general request for custody into a concrete, workable arrangement: who makes major decisions for the children, where the children live, and exactly when each parent has parenting time.
It is always attached to another form. FL-311 does not open a case or a request on its own, it supports a broader filing by adding the custody and parenting time detail that form doesn't have room for.
Why the Court Needs a Separate Attachment
A Request for Order or a Petition tells the court that custody is at issue. FL-311 tells the court, in detail, what arrangement is being proposed. Courts generally prefer, and often require, a specific proposed schedule rather than a general request, because a specific schedule is something a judge can actually review, adjust, and sign as an order.
FL-311 is filed together with whichever form is asking the court to address custody in your case:
| Underlying Form | Filed By | When FL-311 Is Attached |
|---|---|---|
| FL-300 (Request for Order) | Either parent | Whenever the request includes a new or changed custody or parenting time order |
| FL-100 (Petition) | Petitioner | Whenever the Petitioner is requesting custody orders as part of opening the case |
If your case does not raise a custody or parenting time issue, you do not need FL-311 at all. For background on the form FL-311 most commonly attaches to, see How to Fill Out Form FL-300.
Filing FL-311 without attaching it to the correct underlying form (FL-300 or FL-100) is one of the most common reasons a custody request gets flagged as incomplete. FL-311 cannot stand alone.
California courts decide all custody and parenting time matters based on the best interest of the child. There is no formula that automatically favors one parent, and requesting a particular arrangement on FL-311 does not guarantee the court will order it exactly as written.
What does help is clarity. A parenting time schedule that names actual days, times, and exchange locations gives a judge something concrete to evaluate and, if appropriate, adopt directly as the court's order. A vague request forces the court to fill in details on its own, and that often produces an outcome neither parent anticipated. For a broader look at the legal standards behind these decisions, see California Child Custody Laws Explained.
<h2 id="section-by-section">Section-by-Section Walkthrough of FL-311</h2>Here's what the form actually asks you to specify.
1. Legal Custody
This section addresses who has the right to make major decisions about the children's health, education, and welfare. You'll request one of the following:
- Joint legal custody, both parents share decision-making authority
- Sole legal custody to one parent, only that parent makes major decisions
Joint legal custody is a common starting request and does not require parents to agree on every decision, it means neither parent is entitled to decide unilaterally without consulting the other.
2. Physical Custody
This section addresses where the children actually live day to day. You'll request one of the following:
- Joint physical custody, the children spend significant time living with each parent
- Primary physical custody to one parent, with parenting time for the other parent
Legal and physical custody are requested separately, so it's entirely possible to ask for joint legal custody paired with primary physical custody to one parent, along with a defined parenting time schedule for the other.
3. Parenting Time or Visitation Schedule
This is the heart of the form. Here you lay out the actual schedule you're proposing, including:
- Weekday schedule, which parent has the children on which weekdays, and pickup and drop off times
- Weekend schedule, typically alternating weekends, with start and end times
- Holiday schedule, how major holidays (and school breaks) are divided or alternated year to year
- Vacation time, how each parent's vacation time with the children is scheduled and how much notice is required
- Exchange details, where and how the children are picked up and dropped off between parents
Pro Tip: Write your proposed schedule as if a judge who has never met your family will read it cold. Specific days, specific times, and a named exchange location are far easier for a court to adopt as a workable order than general language like "reasonable parenting time."
4. Special Situations: Supervision and Safety
If there is a safety concern, this section lets you request supervised visitation, meaning a parent's time with the children is monitored by a professional or a supervised visitation facility, or, in serious cases, no visitation at all. See the next section for more detail on how these requests work.
Not every case involves a straightforward schedule between two safe, cooperative parents. FL-311 accounts for situations where safety is a genuine concern:
- Supervised visitation, a parent has time with the children, but only in the presence of a neutral third party, either a professional monitor or a supervised visitation facility, rather than unsupervised
- No visitation, requested only in serious circumstances where the requesting parent believes any contact would put the children at risk
Requests for supervised or no visitation are taken seriously by the court and generally require you to explain the specific safety concern. These are not requests to make lightly or use as leverage in an otherwise ordinary custody dispute.
The court weighs these requests carefully against the best interest standard, and outcomes vary widely based on the facts of each case. If safety is a genuine concern in your situation, this is an area where consulting a licensed family law attorney is particularly worthwhile.
<h2 id="common-mistakes">Common Mistakes to Avoid</h2>- Writing a vague or open ended schedule (such as "reasonable visitation") instead of specific days, times, and exchange locations
- Filing FL-311 without attaching it to the correct underlying form (FL-300 or FL-100)
- Confusing FL-311, your request, with FL-341, the form used for the court's final custody order
- Leaving holidays or school vacations unaddressed, which often leads to disputes later
- Requesting supervised or no visitation without clearly explaining the underlying safety concern
- Proposing a schedule that doesn't account for realistic logistics, like each parent's actual work schedule or distance between homes
FL-311 becomes part of the court's record for your custody request once it's filed and served along with the underlying FL-300 or FL-100. From there:
- The other parent has an opportunity to respond, agreeing with, modifying, or contesting the proposed schedule
- If the parents don't agree, many California counties require mediation through Family Court Services before a judge hears the matter
- At a hearing, if one is needed, the judge considers both parents' proposals under the best interest standard
- Once the court decides, the actual order is issued using Form FL-341, Custody Order Attachment, which may adopt your proposed schedule, the other parent's, or a modified version of either
Requesting a clear, specific schedule on FL-311 doesn't guarantee that exact schedule becomes the order, but it gives the court a concrete starting point, and it's generally easier for both parents to follow a schedule that was clearly defined from the beginning rather than one improvised after the fact.
<h2 id="faqs">Frequently Asked Questions</h2>What is Form FL-311 used for?
Form FL-311, Child Custody and Visitation (Parenting Time) Application Attachment, spells out the specific legal custody, physical custody, and parenting time schedule a parent is requesting. It is an attachment, not a standalone form, so it is always filed together with another form that opens the request, most commonly a Request for Order (FL-300) or a Petition (FL-100).
What is the difference between FL-311 and FL-341?
FL-311 is your request: it states what custody and parenting time arrangement you are asking the court to order. FL-341, Custody Order Attachment, is the form a judge uses to actually issue the custody and visitation order after a hearing or agreement. FL-311 asks; FL-341 decides.
What is the difference between legal custody and physical custody?
Legal custody is the right to make major decisions about a child's health, education, and welfare. Physical custody is about where the child actually lives day to day. A parent can have joint legal custody while one parent has primary physical custody, or families can request joint arrangements for both.
Can I request joint legal custody but primary physical custody for myself?
Yes. Legal custody and physical custody are decided separately on FL-311, and parents commonly request joint legal custody (sharing major decisions) combined with one parent having primary physical custody and the other having a defined parenting time schedule.
How specific does my parenting time schedule need to be?
As specific as possible. A schedule that names actual days, times, and exchange locations for weekdays, weekends, holidays, and vacations is far easier for a court to adopt as an order, and far easier for both parents to follow afterward, than a vague or open ended request like "reasonable visitation."
What if I have safety concerns about the other parent having contact with our child?
FL-311 includes a section for requesting supervised visitation or, in serious cases, no visitation at all. You will generally need to explain the specific safety concern. The court weighs these requests carefully and may order supervised visitation through a professional monitor or a supervised visitation facility rather than denying contact outright.
Does FL-311 apply to unmarried parents, not just divorcing couples?
Yes. FL-311 is used any time custody or parenting time is at issue in a California family law case, including standalone custody cases between parents who were never married, not only in divorce or legal separation cases.
Can I fill out FL-311 myself, or do I need an attorney?
Many parents complete FL-311 themselves, especially when both parents generally agree on the arrangement or when one parent is proposing a clear starting schedule. A document preparation service or attorney can help if custody is contested, if safety concerns are involved, or if the schedule needs to account for complex work or travel situations.
How Virdix Helps
Vague parenting time language is one of the most common reasons a proposed custody schedule comes back for clarification. Virdix is built to help you avoid that:
- Guided questions, walk you through legal custody, physical custody, and a full weekday, weekend, and holiday schedule one piece at a time
- Consistency checks, so your FL-311 lines up with the custody requests on your FL-300 or FL-100
- Clear structure, for special situations like supervised visitation, so nothing gets left vague
- County-specific filing details, so you know how FL-311 attaches alongside your other paperwork
We don't replace an attorney for contested custody, safety concerns, or complex parenting schedules, but for straightforward filings, Virdix helps make sure your FL-311 is specific and complete from the start.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California