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Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
When initiating a divorce, legal separation, parentage or custody case involving children in California, you need to fill out the FL-105 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This form is required in any legal action that asks the court to decide custody or visitation, as it provides the court detailed information about each child's residence history for the past five years, any other custody, guardianship, juvenile or adoption case involving the child, any restraining orders, and anyone else who has custody or claims custody or visitation rights. The current form is revised January 1, 2025.
The purpose of this form is to help the court establish jurisdiction over child custody matters under the UCCJEA (Family Code section 3400 and following). A California court can make an initial custody order only if California is the child's home state, meaning the child lived here with a parent for the six months before the case was filed, or was the home state within six months and a parent still lives here. The residence history on the FL-105 is how the court checks that rule.
- You file the FL-105 together with the Petition for Dissolution of Marriage (FL-100), the Petition to Determine Parental Relationship (FL-200) or the Petition for Custody and Support (FL-260), and the respondent files one with the Response if the information differs.
- The Summons (FL-110) is filed and served at the same time, so the other party receives the FL-105 with the opening papers.
- Sometimes this form is accompanied by a Request for Order (FL-300) asking the court to make decisions on specific issues in the case, and set the date, time and location of any hearing(s).
- If there's an emergency, you might need Temporary Emergency (Ex Parte) Orders (FL-305), which also require the information about the children.
Completing the FL-105 form is triggered by the presence of minor children and the need to address their living arrangements and visitation rights. It ensures that the custody decision is made by the appropriate court and is required to finalize a divorce involving children. You have a continuing duty to tell the court about any other custody proceeding you learn of while the case is open, and failing to provide accurate information can lead to legal complications, so this is one of the first steps in a custody-related legal process.
1. Determine Parties Involved: Ensure you are a party seeking or responding to a custody determination, such as a parent or legal guardian.
2. Complete the Form: Fill out the FL-105 thoroughly, listing each child oldest first and providing every address where each child lived for the past five years and who they lived with. If an address is confidential under Family Code section 3429, give only the state.
3. File with the Appropriate Court: Submit the completed form with your Petition, Response or Request for Order to the Superior Court of California in the county where your case is being filed. There is no separate fee for the FL-105.
4. Serve Copies: Have copies served on the other parent or party with the papers it accompanies, following legal service procedures.
5. Stay Updated: Keep the court informed of any new information about a custody proceeding concerning the children, as the declaration requires, by filing an updated FL-105.
Confidential Address
If your present address or a child's address is confidential due to safety reasons, make sure to indicate this clearly in item 3, rather than providing the actual address. Reference Family Code section 3429 for confidentiality provisions.
Residence History
Provide a complete five-year history of where each child has lived, including specific dates and relationships. This section is crucial for determining jurisdiction, so be meticulous about detail. If the child has moved frequently, list all addresses, even if this means using an additional page.
Other Custody Cases
If there are other ongoing or past custody cases involving the children mentioned, you must disclose this information. Attach relevant case details, and include any existing orders that could impact the current proceeding.
Custody Claims by Others
Identify if anyone besides the listed parties claims to have custody or visitation rights over the child. This might include grandparents or other relatives involved in separate legal actions concerning the child. Disclose their names and addresses accurately.
Perjury Declaration
Understand that by signing this declaration, you are asserting the truthfulness of your statements under penalty of perjury. Any misinformation could have severe legal consequences, so ensure all provided data is accurate and verify if uncertain.
1
Submit the filed FL-105 UCCJEA form to the court clerk along with any required copies for the other party.
2
Ensure that each party involved in the case receives a copy of the filed form, either through personal service or mail, as required by the court.
3
Wait for any notices from the court regarding a scheduled hearing date or further instructions related to your case.
4
Prepare to present additional documentation or information at the scheduled hearing that may be relevant to the child custody jurisdiction issues raised in the form.
5
Check the court docket or contact the court clerk periodically to stay informed about any updates or changes in your case schedule.
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Try Gavel for freeCalifornia Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Child Custody
California
Automated document set for California family law, including all of the child custody Judicial Council forms.
Divorce, Family Law
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
