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okay my name is Douglas Pinkham with Pinkham & Associates we are a dedicated family law firm in Orange County but this video is about the fl3 41 it is a child custody and visitation order attachment this form is attached to some other document it's attached to a findings in order after hearing once you go to a hearing and then there's an order made you can attach this to explain what the custody visitation orders are or this form can be used as part of a judgment a judgment in dissolution divorce or a judgment for legal separation or a judgment for paternity and if so then you would mark the appropriate box at the top of this form it can also be used as part of a stipulation when you're agreeing with the other party on what the custody and visitation orders are going to be so let's go to the top of this form let's go through this form it's kind of a long form but it's pretty self-explanatory this forms got a lot of boxes and a lot of questions but it's pretty straightforward lastly I know that some of you can see the video or see the form on the video as we go through it and others cannot but there's a link at the bottom of this video if you cannot see the video just click on the link print the form out or get this form in front of you because I want you to follow along as I go line by line through this form all right so if you don't have the form pause this video get the form come back to us okay here we go let's start at the top of the form again this is the FL 341 it's a child custody and visitation order attachment alright so at the top of this form it says 2 and then you're gonna mark what this is attached to is it attached to a finding an order after hearing is it attached to a judgment we're probably if you're watching this video you're probably using this to attach it to a judgment just my guess so it might be divorce judgment or a paternity judgment but it's probably one of those and you might also be attaching it as a stipulation in order for custody visitation which would be the next one that's a FL 355 anyway there's also a box for other in case it's being attached to something else if you use it for some other issue anyway let's move on number one and to just technical information is just saying jurisdiction this Court has to have jurisdiction over this case or they can't make orders with regard to this common-sense notice an opportunity to be heard is number two it says the responding party was given notice and an opportunity to be heard which means an opportunity to file paperwork and/or go to court as provided by the laws of the state of California number three it says the country of habitual residence you're going to mark the United States if you don't your orders not going to go through number four penalties for violating this order if you violate this order you may be subject to civil or criminal penalties or both that's a standard warning it's given any time there's custody and visitation orders made and that's true if you violate custody orders or visitation orders you can be held liable criminally or civilly or both so once there's court orders in effect for custody visitation you need to follow them and it's serious all right five child custody so that's what this whole forum is about so Marc in that box next to five and then you're going to put the child's name let's see the child's name the birth date and then legal custody means who is legal custody going to see either petitioner respondent or joint then the next line is physical custody and that is also petitioner respondent or joint and then the next line would be for the net child and so forth and so on and so you have named all the children and and put all the information in there child abduction prevention you're only going to mark that box if there is a valid concern that you believe that the other parent is going to scoop this kid up and add up in it and abduct this child take this child to another country take this child to another state if you genuinely believe that mark that box and then you will need to fill out an FL 341 B I have another video on that if you need help filling out the 341 B go look for that video all right and by the way that's pretty rare you got to have some you know a real a real belief a real valid reasonable belief that there's a chance for abduction if there is then you should fill that out and you should mark that box all right visitation number seven this is asking about parenting time now there's a lot of boxes here but it's pretty straightforward so if all you want to do is put an order together that says that you want the other party to have reasonable visitation then you can mark a and then it would be up to you to to decide later what that reasonable visitation actually is so if you're the mother for example and you've got primary custody and you want to be more in control of what visitation happens down the road you can put reasonable visitation mark that box and nothing else and then it would be up to you to determine what reasonable visitation is or be see attached blank page document so it could be a two page document three page document you can mark B and then marks however many pages you have attached if you have something spell that spells out what your visitation schedule and custody schedule is going to be okay or you can mark see if the parties will go to child custody mediation your child custody recommendation recommending counseling at in a date and time and you put that in there if you believe that there should be no visitation to the other party you can mark D again that's pretty rare but if if there should be no visitation to the other party or if the court ordered no visitation you're going to mark that box e starts into the section where we start actually putting out a specific schedule e says now parenting time or visitation time for so this is the party that's going to have this visitation time so if dad is the respondent and he's going to have this visitation time that we're going to spell out then you would mark respondent and then number one you would mark number one if what you're going to spell out is certain weekends like he might have the 1st 2nd and 4th weekends that would be marked just below there you can see where poops okay you can see where that would be marked say first so say he's got first second fourth weekends you could put first second and fourth weekends and that is from say Friday at 6:00 p.m. p.m. or you could put not mark any of this and say it's from the start of school or after school - and then you could put Sunday or whatever whatever data is Sunday at say 6 p.m. or it could be Friday after school - Sunday at 6 p.m. or it could be you know Tuesday the first second and fourth weeks anyway it's whatever it is go ahead and put in there whatever it is we could do a million different examples then if you you can mark one a if you guys are going to alternate the fifth weekend of the month you may or may not be aware that there are four weekends a year where they are the fifth weekend in a month everybody thinks it's you generally common knowledge that there's a little more than four weeks in every month about four point three weeks and every month goal that point three weeks adds up and there's four extra weekends a year and they fall into one month or another so there's four months out of the year that have a fifth week fifth weekend excuse me and you can specify who gets that fifth weekend you can do a says the parties will alternate the fifth weekend with the petitioner having them or other party having the initial fifth weekend which starts blah blah blah you put the date when the first fifth weekend starts typically the fifth weekend is the weekend when people describe it as when Friday the fifth Friday of any month starts the fifth weekend or if there's a fifth weekend where Saturday determines whether there that it's the fifth Saturday of the month you can determine how it's you know determined how it's how it's defined B says the petitioner the respondent other parent will have the fifth weekend in odd-numbered months or even numbered months they occur every three months quarterly so two of them are going to be an odd months two are going to be any of those just naturally that's helpful and so you can mark that if that's what the case is if it's not going to be weekends done this way you don't have to use this section it might apply oh I put that out there yeah I think you guys knew what I was getting at all right let's get rid of this information here let's go on to the next page the next page starts out alternating weekends so it's every other weekend if it's going to be every other weekend then use this section instead of the first section so you'd mark e alternating weekends beginning or starting on some date so if you want to start this weekend put this weekend's date Friday Friday's date keep in mind when you ever you make whenever you make visitation orders then in clewd well any visitation orders have to must have a commencement date or they are not enforceable how do you say father has every other weekend without saying which weekend that starts seven eight weeks 15 months down the road dad says hey it's my weekend it's my every other week and he doesn't have the kids and mom won't give him the kids so he calls the police he says this is every other week I've been doing every other week and the judge and then the officer says okay give me your court order when does it start because I got to count the every other weeks to make sure this is your weekend if there's no commencement date there's no way to confirm that this is your so you must have a commencement date um so that's what goes in there and then you're gonna say again from Friday at 6:00 Sunday at 6:00 or from after school and Friday until Sunday at 8:00 p.m. or whatever it might be fill it in that way if you're also gonna have weekday visits they could be every Wednesday overnight they could be Tuesdays and Thursdays from after school until 6:00 p.m. or they could be every Wednesday for a dinner visit from 5 o'clock until 8 o'clock whatever it is if there's going to be a weekday visitation mark that under 3 and then commencing again you need that commencement date so make sure you have the commencement date in there and then specify what that visitations could be in the section below there if there's some other visitation schedule or restrictions or parenting plan you want a list you can list it in for underneath this section if you need more space it specifically says take another piece of paper list at the top attachment 7 e4 you may also use for man the co 2 2 5 o 25 it's just a declaration form or a blank blank form that you can use to spell out what this is that if you mark that it's listed in this attachment and you mark that box you're going just attach it all right Libby can it sling - all right all right that's that section all right let's move on to 8 8 is supervised visitation if you if the court ordered visitation supervised visitation or if you guys are agreeing to supervised visitation you're going to mark this box and you're going to specify the information the relevant information in here so it's going to say supervisor station until a date or until further word of the court whatever it is and then it's going to be for the petitioner or the respondent who has who is it that has monitored visits is it dad that has to be monitored and you're gonna put whether he's the petitioner and the respondent and then you're gonna put his name in there okay and then if this is the case and you've marked supervised visitation you are absolutely going to also need to attach at FL 341 a I have another video on the 341 a consult that video when you're filling out that form and then attach it to this before it gets filed alright so again supervised visitation it's pretty rare unless the court ordered it let's go on to nine transportation for visitations or parenting plan all right so what is this referring to it's referring to who's going to pick up the kid or who's going to drop off the kids for visitation during the visitation so let's say standard by the way standard transportation orders are that the receiving parent picks up the children that's just generally what we do why do we do that because if you are the receiving parent you're probably going to be on time you're probably going to be more willing to collect your kids if you have to give the kids back and you have to travel to drop the kids off at the other parents house or if you have to travel even travel even halfway and some meeting point in the middle you're less likely to be there on time you don't have as much incentive to be on time or or even to show up sometimes so it's very common to have the receiving parent pick up so B B says transportation to begin the visits to be provided by petitioner or respondent or some other person and you would specify who that is is transportation from the visits that's at the end of the visit will be provided by petitioner respondent or other specify D the exchange point at the beginning of the visitation will be at a certain address so if it's at a police department that's fine if it's a by the way that's not fine kids know that there's some major problem if you have a visitation that exchange that occurs in police department if you can and you're meeting somewhere to do this media to McDonalds meet at some public place where there's always video then you can make it a fun thing you can get a happy meal for the Kidder's or you know whatever Police Department's are ugly places to to have a custody exchange just keep that in mind and so you're gonna put the address where the visitation the meeting place at the beginning and E is a meeting place the address for the meeting place at the end of the visit F says during the exchange is the party driving the children will wait in the car and the other party will wait in his car her home or exchange location while the children go between the car in the home or the car and the McDonald's or whatever it is you're only gonna want to mark F if the parents aren't getting along and they can't co-parent very well and and you're you know very concerned that there's going to be you know arguments or altercations or whatever so f is again that's ugly you don't want to have to mark that unless it's absolutely necessary or unless a court ordered it G is other anything else that fits into this category if you want to write it in there you can under this particular category you could probably come up with an infinite number of different things that could be put in another but we won't get into that if you need something write it in there okay ten travel with the children so this is limiting a parent from traveling any certain distance so let's say for example you want both parties to not be able to leave the state of California with the children without getting a court order or something you can put petitioner and respondent must have written permission from the other party or a court order to remove the children from a stay in California or you might have you know just the respondent is not allowed to remove the children from you know Shasta and Redding County areas or Orange and San Bernardino and Riverside and LA whatever or see you can get even more specific or say the seven Southern California counties are something to that effect but if there's restrictions this is where you would mark that and you would mark it for the petitioner or the respondent or both or whatever all right page number three page number three at the top again you're gonna put the petitioners name respondents name and the case number below that is box 11 so if you want a holiday schedule mark that box and then mark is attached in the attached schedule then I'm gonna have you fill out an FL 341 C it's a very detailed form regarding holidays and I've got a I've got a video that helps you figure out how to fill that out it's in the judgment section of this thing but look for that 341 C that will help you out and people fill that form out incorrectly every single time so get my advice before you fill out that form okay 12 additional custodial provisions if you're gonna mark that box as well as any of these on this page by the way there's another form that goes with it so if there's other additional custodial provisions that you want one party or the other to follow then mark 12 and then you're gonna mark in the attached schedule and then use the 341 d the FL 341 d again I got a video on that so review that video before you submit it and then any of these forms that you're filling out in addition you're gonna attach it to this form before this form gets filed legal custody number 13 you're positively going to want to attach you're gonna want to mark that positively anytime you get kids you can get legal custody orders and you're definitely going to want to attach the 3:41 the FL 341 a so go get help on that forum so definitely mark 13 definitely mark in the attach schedule and definitely go fill out an FL 341 and consult my video when you when you fill that out all right then number 14 mark that box it's automatic in the state of California there's a family code section 30 25 says that both parents even a noncustodial parent has equal rights to information about the child's schooling medical those kinds of things so it's standard California law but definitely mark that box so that there's no confusion down the road that you know dad or mom or both of you have equal access to school records or medical records or whatever they may be all right and then 15 other if there's something else that has to do with custody visitation scheduling you know whatever transportation some restrictions this is a good section other to put that in if it doesn't it doesn't already fit somewhere else on here okay and that is this entire form that's the form it does not require a signature it's not signed under penalty of perjury it's just a form that gets attached to a judgement or something else as you know and then again there could be other forms like the 341 a the legal custody schedule that is attached to this form so that's those are attached to this form and this form is attached to a judgment or an order after hearing but anyway that is this form that completes the FL 341 was helpful for you again this is a form that you're definitely going to be used with the judgment or an order after hearing so if you have Kidder's so I hope this video was helpful thank you very much