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The FL-341 E form plays a crucial role in family law, particularly in matters concerning child custody and visitation. This legal document is utilized when parents wish to establish joint legal custody of their children, laying a framework for shared responsibilities in decision-making related to the children's welfare, education, and health. By filling out this form, parents can articulate specific decisions—like schooling choices, medical treatments, and travel permissions—that require mutual consent. Moreover, the FL-341 E form also outlines the consequences of not obtaining this consent, which can include civil or criminal penalties and even adjustments to custody arrangements. Parents can designate who will make significant decisions and clarify access to children's records, ensuring both custodial and non-custodial parents remain informed and involved in their children's lives. The need for transparent communication is emphasized, with mandates around notifying each other about health practitioners and emergency situations. As families navigate the complexities of joint custody, the FL-341 E form serves as a foundational tool that helps set expectations while safeguarding children's interests.

Fl 341 E Example

FL-341(E)

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

JOINT LEGAL CUSTODY ATTACHMENT

TO

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):

 

 

 

NOTICE! In exercising joint legal custody, the parties may act alone, as long as the action does not conflict with any orders about the physical custody of the children. Use this form only if you want to ask the court to make orders specifying when the consent of both parties is required to exercise legal control of the children and the consequences for failing to obtain mutual consent.

1. The parties (specify):

 

Petitioner

 

Respondent

 

Other Parent/Party will have joint legal custody of the children.

 

 

 

2.In exercising joint legal custody, the parties will share in the responsibility and discuss in good faith matters concerning the health, education, and welfare of the children. The parties must discuss and consent in making decisions on the following matters:

a.

b.

c.

d.

e.

f.

g.

Enrollment in or leaving a particular private or public school or daycare center

Beginning or ending of psychiatric, psychological, or other mental health counseling or therapy Participation in extracurricular activities

Selection of a doctor, dentist, or other health professional (except in emergency situations) Participation in particular religious activities or institutions

Out-of-country or out-of-state travel

Other (specify):

3.If a party does not obtain the consent of the other party to those items in 2, which are granted as court orders:

a.He or she may be subject to civil or criminal penalties.

b.The court may change the legal and physical custody of the minor children.

c. Other consequences (specify):

4.

5.

Special decision making designation and access to children's records

a. The

 

petitioner

 

respondent

 

other parent/party will be responsible for making decisions

 

 

 

regarding the following issues (specify):

b.Both the custodial and noncustodial parent have the right to access records and information about their minor children (including medical, dental, and school records) and consult with professionals who are providing services to the children.

Health-care notification.

 

a.

 

Each party must notify the other of the name and address of each health practitioner who examines or treats the

 

 

 

children; such notification must be made within (specify number):

days of the first treatment or examination.

6.

b. Each party is authorized to take any and all actions necessary to protect the health and welfare of the children, including but not limited to consent to emergency surgical procedures or treatment.The party authorizing such emergency treatment must notify the other party as soon as possible of the emergency situation and of all procedures or treatment administered to the children.

c. The parties are required to administer any prescribed medications for the children.

School notification. Each party will be designated as a person the children's school will contact in the event of an emergency.

7.

8.

Name. The parties will not change the last name of the children or have a different name used on the children's medical, school, or other records without the written consent of the other party.

Other (specify):

Page 1 of 1

Form Approved for Optional Use

JOINT LEGAL CUSTODY ATTACHMENT

 

 

 

 

 

Judicial Council of California

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

 

 

 

 

 

Family Code, §§ 3003, 3025, 3083 www.courts.ca.gov

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Form Characteristics

Fact Name Detail
Form Title FL-341(E) is titled "Joint Legal Custody Attachment."
Purpose The form is used to request court orders specifying when both parents must consent to decisions affecting their children.
Governing Law This form is governed under the California Family Code, specifically sections 3003, 3025, and 3083.
Primary Parties The involved parties are typically identified as Petitioner, Respondent, and Other Parent/Party.
Joint Legal Custody Joint legal custody allows both parents to make important decisions regarding their children's welfare.
Decision-Making Responsibilities Parents must discuss and reach mutual consent on education, healthcare, mental health services, and religious activities.
Consent Requirement Failure to obtain consent for specified actions may result in legal penalties or changes in custody.
Access to Records Both parents have the right to access their children's medical, dental, and school records.
Emergency Notifications Each party must inform the other parent of any healthcare provider involved in their child's treatment.
Name Change Restrictions The last name of the children cannot be changed without mutual written consent from both parents.

Guidelines on Utilizing Fl 341 E

After obtaining the FL 341 E form, it’s essential to fill it out correctly to ensure the court understands your request regarding joint legal custody. Follow these steps carefully to complete the form.

  1. Identify all parties involved. Fill in the names of the Petitioner, Respondent, and Other Parent/Party, as well as the Case Number.
  2. Indicate that the parties will share joint legal custody of the children.
  3. Detail the responsibilities shared in good faith concerning the children's health, education, and welfare. List the specific matters that require mutual consent.
  4. State the consequences if a party does not obtain consent for the matters listed in step 3: civil or criminal penalties, potential changes to custody, or any other consequences.
  5. Designate who is responsible for making decisions regarding specified issues, ensuring to clarify both parties' rights to access children's records.
  6. Specify the notification process each party must follow regarding health practitioners, indicating the timeline required for alerts.
  7. Reiterate that both parties are authorized to take necessary actions for the children's welfare, especially in emergencies, and outline the emergency notification process.
  8. Ensure that neither party will change the children's last names or use different names within records without mutual consent.

Once the form is filled out, review it for accuracy. After that, you should file it with the appropriate court. Keep copies for your records and notify the other party as required by law.

What You Should Know About This Form

What is the FL-341 E form?

The FL-341 E form is a legal document used in family law cases involving joint legal custody of children. It helps parties outline their responsibilities and decision-making processes regarding the health, education, and welfare of the children involved in the case.

Who should use the FL-341 E form?

This form should be used by parents or parties who are seeking to establish or modify joint legal custody arrangements. If you want to specify shared decision-making responsibilities and the need for mutual consent in certain situations, this form is appropriate.

What topics are covered in the FL-341 E form?

The form covers various topics related to joint legal custody, including matters of education, health care, religious activities, and travel. It specifies areas where consent from both parties is necessary before making decisions affecting the children.

What happens if one party does not obtain consent from the other?

If a party does not obtain the required consent, several consequences may follow. These can include civil or criminal penalties, changes to the legal and physical custody of the minor children, and other specified consequences that may be outlined in the court order.

How does the form specify decision-making responsibilities?

The FL-341 E form allows the parties to designate who will make specific decisions about the children’s welfare. This includes topics like healthcare, education, and other important matters. These designations should be clearly listed in the form.

What are the notification requirements regarding children's health care?

Each party must notify the other within a specified number of days regarding the name and address of each health care practitioner who treats the children. This ensures both parents are informed and involved in their children's health care.

Is there a requirement to administer medications?

Yes, both parties are required to administer any prescribed medications for the children. This mutual responsibility is intended to safeguard the children’s health and well-being.

Can the children's last name be changed without consent?

No, neither party can change the children’s last name or use a different name on official records without the written consent of the other parent. This principle helps maintain consistency in the children's identity and records.

What should parties do in emergency situations?

In emergencies, either party is authorized to take the necessary actions to protect the children’s health and welfare. This may include consenting to emergency medical treatment. However, the party who takes such action must notify the other as soon as possible of the situation and any procedures administered.

Where can I find more information about the FL-341 E form?

More information can be found on the Judicial Council of California's website or by consulting a family law attorney. Understanding the implications of the form and the legal obligations it entails is vital for effective co-parenting.

Common mistakes

When filling out the FL-341(E) form, it’s crucial to pay attention to detail. A common mistake people make is forgetting to specify the correct parties involved. The forms require clear identification of the Petitioner, Respondent, and any Other Parent/Party. Leaving this section blank or incorrectly filling it out can lead to delays in your case. Take your time to ensure that all names and roles are clearly defined.

Another frequent error is neglecting to include specific details in section 2. This section requires parties to discuss and reach consent on matters such as schooling and healthcare for the children. Failing to provide answers to the questions listed under section 2 can be problematic. Including this information is essential for informing the court of your agreement regarding joint decision-making responsibilities.

People often misinterpret the consent requirement in section 3. If a party neglects to obtain consent for actions discussed in section 2, they may face serious consequences. Ignorance of this requirement can lead to unintended civil or criminal penalties, or even a change in custody arrangement. Be sure to grasp the gravity of this section to protect your rights and responsibilities.

Also, it is vital to pay attention to the notifications that need to be made regarding healthcare. Section 5 discusses the need for each party to promptly inform the other about health practitioners involved with the children. Failure to do so could prevent effective communication regarding the children's health needs. Remember, transparency in this matter is essential.

Lastly, many overlook the implications of changing the children’s last names, as outlined in section 8. The form clearly states that no party should change the last names of the children without consent from the other parent. Ignoring this requirement can lead to complications and potential legal disputes. Ensure that you gain written consent before making any changes to the children's names.

Documents used along the form

When dealing with custody and visitation arrangements, various documents support the judicial process. Each of these forms serves a specific purpose that may help clarify responsibilities and rights of each party involved. Below is a list of documents commonly used alongside the FL-341(E) form.

  • Request for Order: This document allows a party to formally ask the court to make a ruling or decision regarding specific issues, such as custody, visitation, or support. It sets the stage for a hearing where the requesting party can present their case.
  • Responsive Declaration to Request for Order: This form is submitted by a party who wishes to respond to the Request for Order. It outlines their perspective on the issues raised and may present counterarguments or additional information pertinent to the case.
  • Stipulation and Order for Custody and/or Visitation of Children: This agreement is usually a result of negotiations between the parties. It outlines the terms they have both consented to regarding custody and visitation, and when filed with the court, it becomes an official order.
  • Findings and Order After Hearing or Judgment: After a hearing, this document records the court's conclusions and orders related to the case. It provides a detailed account of decisions made concerning custody, visitation, and other relevant issues.

Each of these documents plays an integral role in establishing and maintaining clear communication and understanding between parties. Proper utilization of these forms can lead to a more streamlined process, fostering a cooperative approach that prioritizes the well-being of the children involved.

Similar forms

The FL-341(E) form, related to joint legal custody, shares similarities with several other documents. Each of these documents plays a role in custody arrangements and may address related topics. Here’s how they compare:

  • Petition Response: This document responds to a petition, just like the FL-341(E) specifies agreements between parties regarding legal custody. Both require mutual consent and address shared responsibilities.
  • Request for Order: Similar to the FL-341(E), this form is used to ask the court for specific orders, such as consent protocols for legal custody actions.
  • Responsive Declaration to Request for Order: This document allows a party to offer their viewpoint in response to a Request for Order, similar to how the FL-341(E) outlines responsibilities and consent requirements.
  • Stipulation and Order for Custody and/or Visitation of Children: Like the FL-341(E), this document formalizes agreements made by parents about custody and visitation, highlighting the importance of cooperation.
  • Findings and Order After Hearing: After a court hearing, this document reflects the court's findings and orders about custody, just as the FL-341(E) addresses mutual decision-making.
  • Custody Order—Juvenile—Final Judgment: This form acts as a final custody ruling by the court and may specify joint legal custody, paralleling the FL-341(E) focus on co-parenting agreements.
  • Other (specify): Any additional documents designated in a specific case may also share an aspect of joint decision-making and responsibilities, much like the FL-341(E) does.
  • Health-care notification: Similar to sections in the FL-341(E), this document ensures that both parents are informed about healthcare providers for their children, supporting the communication goals of the FL-341(E).
  • School notification: This form ensures schools know which parents to contact in emergencies, paralleling the FL-341(E)'s intention to keep both parents informed about their children's well-being.

Dos and Don'ts

When filling out the FL-341(E) form, consider the following guidelines:

  • Do ensure all sections are completed accurately. Double-check names, case numbers, and other critical information.
  • Do discuss decision-making matters regarding the children with the other parent. Ensure both parties have a mutual understanding.
  • Do maintain open communication about health practitioners and emergencies. Keeping each other informed is vital.
  • Do read the instructions carefully. Understanding the form's purpose can prevent mistakes.
  • Don't make any changes to your children's names without written consent from the other parent. This applies to all records.
  • Don't overlook the importance of consent. Failing to obtain it may lead to legal consequences.

Misconceptions

Misconceptions about the FL-341(E) form can lead to confusion regarding joint legal custody. Here are nine common misunderstandings clarified:

  • Joint legal custody means both parents make all decisions together. While joint legal custody involves collaboration, either parent can act independently as long as their actions do not contradict existing custody orders.
  • This form is only for custody arrangements. The FL-341(E) form also addresses decision-making responsibilities and other significant areas impacting the children's welfare.
  • If one parent disagrees, they can overrule the other. Consent must be obtained for specific decisions detailed in the form. Ignoring this can lead to legal penalties.
  • Emergency situations don't require notifying the other parent. Even in emergencies, the parent must inform the other as soon as possible regarding the treatments given.
  • The custodial parent has full control over the children's records. Both parents have equal rights to access their children's records, ensuring transparency and involvement.
  • Changing the child’s name is simple. Changing a child's name requires written consent from both parents unless specified otherwise in a court order.
  • Decision-making can occur without communication. The form emphasizes that parties must discuss and express mutual consent on many important decisions.
  • A single violation of consent has no consequences. Failing to respect consent can lead to civil or criminal penalties, and the court may reevaluate custody arrangements.
  • Parents are not required to inform each other about health practitioners. Each parent must notify the other about any healthcare practitioner treating the children within a specified timeframe.

Understanding these facts can help ensure that both parents remain informed and engaged in their children's lives while adhering to legal standards.

Key takeaways

When using the FL-341(E) form, there are several important guidelines to keep in mind. Here are some key takeaways:

  • Purpose: This form is designed for parties seeking to establish joint legal custody over children. It clarifies how decisions regarding the children will be made.
  • Joint Legal Custody: The parties involved in the case will share responsibilities and must discuss matters regarding the children's health, education, and welfare in good faith.
  • Consent Requirements: Consent from both parties is necessary for significant decisions, such as choosing schools, health care providers, and participation in activities.
  • Consequences of Non-Compliance: Failing to obtain mutual consent may lead to civil or criminal penalties. The court has the authority to alter custody arrangements as a result.
  • Access to Records: Both custodial and non-custodial parents have the right to access their children's records, including medical and school information.
  • Health Notifications: Each party must notify the other about the health practitioners who treat the children, within a specified number of days.
  • Name Changes: Changing the children's last name or using a different name on official records requires written consent from both parents.

These points highlight the need for cooperation and clear communication between parents when navigating joint legal custody arrangements.