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FL-260 Guidance: Petition for Custody and Support of Minor Children (California)

Use this form when you need to establish legal custody and support arrangements for minor children with a co-parent, and there is no existing court case for divorce, legal separation, or nullity that addresses these issues. Jump to guide on filling it out.

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Tips for filling out form FL-260

When completing form FL-260, pay special attention to these less obvious sections:

Item 1

Identify Yourself

When stating that you are the petitioner and the respondent is the other parent, ensure clarity by using full legal names as they appear on birth certificates or legal documentation. This helps prevent any errors or misunderstandings, especially if there are common names or the same names within families.
Item 2b

Voluntary Declaration

Ensure that the voluntary declaration of parentage or paternity is signed and legally recognized. Attach a copy to the form; it is a critical document in establishing parentage in the absence of a marital or formal legal determination.
Item 3

UCCJEA Declaration

Attach a completed form FL-105 to establish the framework for how jurisdiction over the child custody matter is determined. This is necessary if children have lived in different states or countries, ensuring the court understands the full context of the children's residential history.
Item 4

Custody and Visitation Requests

Clearly outline any specific custody or visitation requests, especially if requesting joint or other forms of custody that may not be standard. Including detailed schedules can help in avoiding future disputes, especially for holidays or special occasions.
Item 5

Attorney’s Fees

If you anticipate a significant cost in legal fees, consider which party is better able to bear the cost or if it should be shared. This section can directly influence how litigation costs are handled, potentially impacting financial dynamics between you and the respondent.
Item 8

Understand Restraining Orders

Familiarize yourself with the restraining order on the back of the Summons (form FL-210) as it applies immediately upon filing this petition. This can include restrictions on behavior and is legally binding, ensuring both parties are aware of mandatory legal boundaries.

What to do after filing form FL-260

1
Serve a copy of the filed Petition for Custody and Support of Minor Children (FL-260) along with a blank Response (FL-270) to the respondent, as required by California law.
2
File a Proof of Service (form FL-115) with the court to demonstrate that the respondent has been properly served with the necessary documents.
3
Complete and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, form FL-105) if not already attached to your original petition.
4
Wait for the respondent to file their Response to your petition. They have 30 days to respond from the date of service.
5
Check in with the court to verify any scheduled court dates for hearings regarding custody and support, and prepare necessary documentation for these proceedings.
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