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The FL-341(D) form, officially titled the Additional Provisions—Physical Custody Attachment, is a critical document often utilized in family law cases surrounding child custody and visitation issues. This form serves to address specific, practical arrangements between parents or guardians, ensuring that various facets of child-rearing and visitation are clearly defined. By establishing guidelines for notifications about address changes, child care arrangements, and visitation protocols, the FL-341(D) facilitates smoother communications between involved parties and prioritizes the well-being of the children involved. It mandates notifications regarding changes in residency and contact information, thus fostering a transparent dialogue. The form also outlines the rights and responsibilities related to child care, including the right of first refusal for care obligations, cancellation protocols for visitation, and expectations surrounding communication with the children. Moreover, it incorporates measures to prevent negative discussions about each other in the children's presence, thereby promoting a more nurturing environment. The structure allows for customization, permitting additional provisions that reflect the unique needs of each family. Maintaining a logbook to document relevant child-related exchanges further enhances accountability and responsibility among the parents or guardians. Overall, the FL-341(D) promotes a harmonious and structured approach to custodial arrangements, aiming to enhance the children's welfare while accommodating the dynamics between involved adults.

Fl 341 D Example

FL-341(D)

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

TO

ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT

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

 

 

Other (specify):

 

 

 

 

The additional provisions to physical custody apply to (specify parties): Petitioner Respondent Other Parent/Party

1. Notification of parties' current address. Petitioner Respondent Other Parent/Party

must notify all parties within (specify number):

days of any change in his or her

a. address for

residence

mailing

work

e-mail

2.

b. telephone/message number at

 

home

 

cell phone

 

work

 

the children's schools

 

 

 

 

The parties may not use such information for the purpose of harassing, annoying, or disturbing the peace of the other or invading the other's privacy. No residence or work address is needed if a party has an address with the State of California's Safe at Home confidential address program.

Notification of proposed move of child. Each party must notify the other (specify number): days before any planned change in residence of the children. The notification must state, to the extent known, the planned address of the children, including the county and state of the new residence. The notification must be sent by certified mail, return receipt requested.

3.

Child care.

a. The children must not be left alone without age-appropriate supervision.

b. The parties must let each other know the name, address, and phone number of the children's regular child-care providers.

4.

Right of first option of child care. In the event any party requires child care for (specify number): hours or more while the children are in his or her custody, the other party or parties must be given first opportunity, with as much prior notice as possible, to care for the children before other arrangements are made. Unless specifically agreed or ordered by the court, this order does not include regular child care needed when a party is working.

5.

6.

Canceled visitation (parenting time).

a. If the noncustodial party fails to arrive at the appointed time and fails to notify the custodial party that he or she will

be late, then the custodial party need wait for only (specify number): minutes before considering the visitation (parenting time) canceled.

b. If the noncustodial party is unable to exercise visitation (parenting time) on a given occasion, he or she must notify the custodial party (specify):

at the earliest possible opportunity.

Other (specify):

c. If the children are ill and unable to participate in the scheduled visitation (parenting time), the custodial party must give the noncustodial party (specify):

as much notice as possible. A doctor's excuse.

Other (specify):

Phone contact between parties and children.

a. The children may have telephone access to the parties and the parties may have telephone access to the children at reasonable times, for reasonable durations.

b. The custodial parent must make the child available for the following scheduled telephone contact (specify child's telephone contact with each party):

c. No party or any other third party may listen to, monitor, or interfere with the calls.

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Form Approved for Optional Use Judicial Council of California FL-341(D) [Rev. July 1, 2016]

ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT

Family Code, §§ 3003, 3024, 3083 www.courts.ca.gov

FL-341(D)

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

7.

8.

No negative comments. The parties will not make or allow others to make negative comments about each other or about their past or present relationships, family, or friends within hearing distance of the children.

Discussion of court proceedings with children. Other than age-appropriate discussion of the parenting plan and the children's role in mediation or other court proceedings, the parties will not discuss with the children any court proceedings relating to custody or visitation (parenting time).

9.

No use of children as messengers. The parties will communicate directly with each other on matters concerning the children and may not use the children as messengers between them.

10.

 

Alcohol or substance abuse. The

 

petitioner

 

 

respondent

 

other parent/party may not consume

 

 

 

 

 

 

 

alcoholic beverages, narcotics, or restricted

dangerous drugs (except by

prescription) within (specify number):

hours

 

 

before or during periods of time with the children

 

 

and may not permit any third party to do so in the presence of the

 

 

children.

 

 

 

 

 

 

 

 

 

11. No exposure to cigarette or medical marijuana smoke. The parties will not expose the children to secondhand cigarette or medical marijuana smoke.

12. No interference with schedule of any party without that party's consent. The parties will not schedule activities for the children during the other party's scheduled visitation (parenting time) without the other party's prior agreement.

13. Third-party contact.

a.

The children will have no contact with (specify name):

b.

The children must not be left alone in the presence of (specify name):

14. Children's clothing and belongings.

a.

b.

Each party will maintain clothing for the children so that the children do not have to make the exchanges with additional clothing.

The children will be returned to the other party with the clothing and other belongings they had when they arrived.

15. Log book. The parties will maintain a "log book" and make sure that the book is sent with the children between their homes. Using businesslike notes (no personal comments), parties will record information related to the health, education, and welfare issues that arise during the time the children are with them.

16. Terms and conditions of order may be changed. The terms and conditions of this order may be added to or changed as the needs of the children and parties change. Such changes will be in writing, dated and signed by the parties; each party will retain a copy. If the parties want a change to be a court order, it must be filed with the court in the form of a court document.

17. Other (specify):

FL-341(D) [Rev. July 1, 2016]

ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT

 

 

 

 

 

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

 

 

 

 

 

 

 

Page 2 of 2

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Form Characteristics

Fact Name Description
Governing Law The FL-341(D) form is governed by Family Code sections 3003, 3024, and 3083 in California.
Purpose This form serves as an attachment to outline additional provisions regarding physical custody in a family law case.
Notification Requirements The form requires parties to notify each other of changes in their address and planned moves involving the children, promoting transparency.
No Negative Comments Parties must refrain from making negative remarks about each other within hearing distance of the children to maintain a positive environment.
Modification of Terms Terms and conditions outlined in this form can be modified in writing, with the signatures of both parties, as the needs of the family evolve.

Guidelines on Utilizing Fl 341 D

Filling out the FL-341(D) form is a critical step in establishing custody arrangements. Make sure all necessary information is accurate and that you understand each requirement. After completing the form, you will be next sharing the document with relevant parties as part of the legal proceedings.

  1. At the top of the form, fill in the names of the Petitioner, Respondent, and any Other Parent/Party.
  2. Enter the Case Number associated with your custody case.
  3. In the section for the Additional Provisions, specify which parties these provisions apply to by checking the appropriate boxes.
  4. For notification of address changes, write the number of days each party must provide notice if they change their address.
  5. Specify the types of addresses that must be reported: residence, mailing, work, and e-mail.
  6. Fill in the required telephone/message numbers for each party, including their home, cell phone, and work numbers.
  7. Next, indicate how many days in advance each party must notify about a planned move of the children. Provide details including the new county and state.
  8. In the child care section, ensure you fill in the name, address, and phone number of regular child-care providers.
  9. State the number of hours for which either party requires child care, which would require offering the other party the first opportunity.
  10. In the visitation section, specify how many minutes the custodial party needs to wait before considering the noncustodial visit as canceled.
  11. Indicate the notice policy for canceled visitations, as well as how much notice is required if the children are ill.
  12. Fill in any scheduled telephone contact times between the parties and their children.
  13. Check off any policies about negative comments and communications regarding court proceedings if applicable.
  14. Complete sections about substances, such as how many hours before interactions with children alcohol or drugs should not be consumed.
  15. Fill in specifics regarding other prohibited actions, including exposure to cigarette smoke and interference with each others' visitation schedules.
  16. Complete sections that address third-party contact restrictions and how children's clothing will be handled.
  17. Ensure there is a provision for the maintenance of a 'log book' documenting relevant events regarding the children.
  18. State that the terms of the order may be modified as needed, noting changes must be documented and signed.
  19. Complete any additional provisions or specify other conditions as needed.

Before finalizing, review the entire form for accuracy, print it, and ensure to follow any submission requirements or notification protocols. Stay organized by keeping copies for your records.

What You Should Know About This Form

What is FL-341(D) form used for?

The FL-341(D) form is an attachment that outlines additional provisions related to physical custody arrangements. It helps to establish clear guidelines between parents or parties regarding the care and custody of their children, ensuring responsibilities and expectations are well-documented for everyone involved.

Who needs to fill out the FL-341(D) form?

The form is typically filled out by the petitioner, respondent, or any other relevant party involved in the custody case. It is used in conjunction with other legal documents such as judgments or requests for orders concerning custody and visitation.

What kind of information is included in the FL-341(D) form?

The form includes provisions regarding notifications of address changes, planned moves with children, child care arrangements, visitation rights, communication parameters, and guidelines on substance use around children. Each section aims to clarify expectations and responsibilities to promote a healthy co-parenting environment.

How does the notification of address changes work?

According to the form, parties must notify one another of any change in their address—whether residential or work—within a specified number of days. This ensures that all parties have current contact information and helps to maintain open lines of communication.

What should one do if a noncustodial parent misses a visitation?

The form provides clear instructions about missed visitation. If the noncustodial party fails to arrive on time without notifying the custodial party, the custodial party may consider the visitation canceled after waiting a specified number of minutes. It is crucial for the noncustodial parent to notify the custodial parent as early as possible if they cannot make it for visitation.

Can the terms of the FL-341(D) be changed?

Yes, the terms and conditions outlined in the FL-341(D) form can be changed as circumstances evolve. Any modifications must be documented in writing, signed, and dated by both parties. If either party wishes for the changes to be enforceable by the court, they must file them formally with the court.

What privacy considerations are addressed in the FL-341(D)?

The form includes several provisions aimed at protecting the privacy and well-being of the children and the parties involved. For example, it prohibits the use of children as messengers between the parties and restricts any negative comments about each other within the children’s hearing. This helps to create a supportive environment for the children, free from conflict.

Common mistakes

Completing the FL-341(D) form can be a daunting task for many. However, several common mistakes often arise that can lead to complications. Understanding these missteps can help in submitting a clear and effective form.

One frequent error is not providing accurate contact information. It is essential that each party includes their current addresses and phone numbers. Omitting this crucial information can create gaps in communication between co-parents, leading to misunderstandings. For example, a lack of clear contact details may result in missed notifications about changes in custody or visitation times.

Another mistake involves failing to specify details when notifying other parties of a planned move. The requirement to notify the other parent about changes in the residence of the children includes a specific timeframe. If one party neglects to provide the planned address or provides unclear information, it can result in confusion and potential legal disputes down the road.

Error in cancellation notifications for visitation also surfaces frequently. If the noncustodial parent does not follow the stated protocol for notifying the custodial party about a cancellation, it can lead to unnecessary frustration. The form emphasizes that timely communication is vital, yet some may overlook this requirement, impacting the stability and trust necessary for effective co-parenting.

In terms of child care arrangements, misunderstanding the right of first option can pose problems. When one parent needs child care, they must give the other party the first opportunity to provide it. However, if this specific point is overlooked, it might disrupt the care routine for the children. Clarity on this provision helps ensure that both parties are on the same page and that the children are cared for consistently.

Some individuals also neglect to include provisions on negative comments and discussing court matters with the children. It is important that parties commit to refraining from making negative remarks about one another in the presence of the children. Failing to establish this boundary can create emotional stress for children caught in their parents' disputes.

Additionally, the form addresses the handling of alcohol and substance use around children. Parties must adhere to restrictions regarding substance consumption during visitation times. Ignoring this portion can jeopardize the safety and wellbeing of the children, which is the primary concern of any custody arrangement.

Lastly, failure to maintain an appropriate log book as suggested on the form is a mistake many make. This tool is invaluable for tracking the health and welfare of the children. Not keeping such records can lead to lost information or miscommunication, ultimately affecting the children’s care arrangements.

By being mindful of these common errors, individuals can navigate the complexities of the FL-341(D) form more effectively, fostering a healthier co-parenting environment for their children.

Documents used along the form

The FL-341(D) form, known as the Additional Provisions—Physical Custody Attachment, is often used in family law cases concerning custody and visitation. However, several other documents often accompany it to ensure that all aspects of the case are addressed thoroughly. Here’s a brief look at those forms:

  • Petition Response: This document is used by the respondent to formally reply to the petitions made by the petitioner. It outlines the respondent’s position on the issues raised.
  • Request for Order: This form allows a party to request specific orders from the court regarding custody, visitation, child support, or other relevant issues.
  • Responsive Declaration to Request for Order: Used to respond to a Request for Order, this document includes arguments, evidence, or confirmations related to the requests made.
  • Stipulation and Order for Custody and/or Visitation of Children: This is a written agreement between the parties outlining the terms of custody and visitation. It can be submitted to the court for approval.
  • Findings and Order After Hearing or Judgment: After a court hearing, this document records the court's findings and the orders made regarding custody and visitation.
  • Custody Order—Juvenile—Final Judgment: This order signifies the court’s final decision regarding custody issues involving children, providing a comprehensive overview of custody arrangements.
  • Other (specify): Occasionally, there may be other unique or specific documents required for a case, which can be designated under this category.

Each of these documents plays a significant role in the custody process, addressing various angles of the case. Being familiar with this paperwork is crucial for effectively navigating family law matters.

Similar forms

The FL-341(D) form, titled "Additional Provisions—Physical Custody Attachment," is commonly used in custody arrangements to establish specific provisions that both parents must follow regarding the care and welfare of their children. This form has several counterparts, each serving similar purposes in family law and custody matters. Below is a comparison of the FL-341(D) with seven other relevant documents:

  • Petition Response: Similar to the FL-341(D), a Petition Response allows a party to express their views on the proposed custody and visitation terms. Both documents enable structured communication about child-rearing responsibilities and wishes.
  • Request for Order: Like the FL-341(D), a Request for Order outlines specific requests for court-ordered provisions concerning custody or visitation. Both documents aim to clarify parental intentions and ensure compliance with agreed-upon terms.
  • Responsive Declaration to Request for Order: This document provides a detailed response to a Request for Order. It functions similarly to the FL-341(D) in that it helps parties articulate their stance on custody matters while facilitating mutual understanding between parents.
  • Stipulation and Order for Custody and/or Visitation of Children: This form allows parents to agree to certain custody or visitation conditions, thereby promoting amicable resolutions. Like the FL-341(D), it seeks to protect the children's best interests through clear guidelines.
  • Findings and Order After Hearing or Judgment: This document reflects the court's decisions following a hearing. It serves a similar purpose as the FL-341(D) by outlining custody arrangements that serve the well-being of the children involved.
  • Custody Order—Juvenile—Final Judgment: This form, typically issued in juvenile cases, formally establishes custody arrangements. Like the FL-341(D), it aims to provide a consistent structure for parenting agreements post-judgment.
  • Other (specify): Parties can create additional agreements or documents that may address unique circumstances not covered by standard forms. Similar to the FL-341(D), these tailored agreements seek to ensure clarity and compliance regarding custody and visitation matters.

Understanding the similarities between these documents can help parents navigate custody arrangements more effectively, facilitating better communication and cooperation for the benefit of their children.

Dos and Don'ts

When filling out the FL-341 D form, it's important to pay attention to detail and ensure that the process goes smoothly. Here are ten helpful dos and don'ts to consider:

  • Do read the form carefully before you start filling it out.
  • Don't leave any required fields blank.
  • Do provide accurate contact information for all parties involved.
  • Don't use abbreviations or unclear language that could lead to misunderstandings.
  • Do notify the other party in writing if there are any changes in plans or addresses.
  • Don't disclose sensitive information that could harm any party involved.
  • Do keep a copy of the completed form for your records.
  • Don't forget to date and sign the form where required.
  • Do ensure that any additional provisions are clearly specified.
  • Don't overlook the importance of consulting legal advice if needed.

Misconceptions

There are several common misconceptions regarding the FL-341(D) form, which can lead to confusion for those involved in custody disputes. Here are some of the most notable:

  • Misconception 1: The FL-341(D) form is only for final custody agreements.

    • This form is not restricted to final orders. It serves as an attachment to provide additional provisions related to physical custody, applicable at any stage of the custody process, including temporary or ongoing arrangements.

  • Misconception 2: The requirements for notifying other parties are optional.

    • Notification of any changes in address or planned relocations of the children is mandatory. Each party must provide timely updates to avoid misunderstandings and ensure the children's well-being.

  • Misconception 3: Only custodial parents need to follow the provisions outlined in the form.

    • All parties involved, including noncustodial parents, are bound by the terms set forth in the FL-341(D) form. This includes rules about communication, visitation scheduling, and child care responsibilities.

  • Misconception 4: The form cannot be altered once it has been signed.

    • The terms of the FL-341(D) form can be modified as circumstances change. Any alterations must be documented in writing, dated, and signed by all parties to ensure clarity and enforceability.

Key takeaways

The FL-341(D) form is a crucial document in custody arrangements. Here are key takeaways to ensure it's filled out and used correctly:

  • Parties Involved: Clearly identify the petitioner, respondent, and any other parent or party involved in the case.
  • Notification of Address Changes: Each party must notify others of any address changes within a specified timeframe. This applies to all forms of contact information.
  • Notification of Moves: Notify other parties of planned moves for the children, including the new address, at least a specified number of days in advance.
  • Child Care Information: Parties must communicate about child care providers, ensuring that no children are left without appropriate supervision.
  • Visitation Rules: Be specific about the time allowed before considering visits canceled if the noncustodial parent is late. Clear expectations help avoid misunderstandings.
  • No Negative Communication: Ensure that negative comments about each other are not made in the children's presence, promoting a healthier environment.
  • Log Book Maintenance: Keep a log book to record notes about the children's health, education, and welfare. This documentation can be invaluable.
  • Modification of Terms: Terms in the custody order can be modified as circumstances change, but such changes must be documented and signed by both parties.

Completing the FL-341(D) form with attention to these key points helps establish clear guidelines that support the well-being of the children involved.

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