Is a private declaration legally binding?

A private declaration documents factual custody arrangements but does not override a valid court order. Its legal effect depends on recipient acceptance and later court review; always disclose existing orders to avoid conflicts.

Can this document be electronically signed?

Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Do I need a notary or witnesses?

Some recipients require notarization or witnesses. Verify local rules; for travel and some medical institutions, notarization is commonly requested to reduce fraud risk.

What if facts change after signing?

Execute a dated amendment signed by all parties or draft a new declaration. Keep originals and provide updated copies to institutions that rely on the document.

How do I revoke the declaration?

Revoke in writing, sign and date the revocation, and distribute it to all recipients. If a court order exists, follow court procedures for modification or revocation.

What if a school or hospital refuses it?

Ask for the institution’s written policy, provide supporting IDs and documents, and consult an attorney to determine whether a court order or certified copy is required.

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Declaration of Private Child Custody

Declaration of Private Child Custody

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DECLARATION OF PRIVATE CHILD CUSTODY EVALUATOR REGARDING QUALIFICATIONS

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)

FL-326

FOR COURT USE ONLY

TELEPHONE NO.

FAX NO. (Optional)

E-MAIL ADDRESS (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER

DECLARATION OF PRIVATE CHILD CUSTODY
EVALUATOR REGARDING QUALIFICATIONS

1. I, (name): , declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.

2. On (date): , I was appointed by the court to perform a child custody evaluation in this matter.

3. I have satisfied all of the domestic violence training requirements for a private child custody evaluator set forth in Family Code sections 1816 and 3110.5 and rule 5.230 of the California Rules of Court; and

4. I have satisfied all of the education, training, and experience requirements for a private child custody evaluator set forth in rule 5.225(d)-(f) of the California Rules of Court; and

5. a. I have satisfied the licensing requirement for a private child custody evaluator set forth in Family Code section 3110.5(c) and rule 5.225(j)(1) of the California Rules of Court; or

b. I have not satisfied the licensing requirement for a private child custody evaluator set forth in Family Code section 3110.5(c) and rule 5.225(j)(1) of the California Rules of Court, but I am eligible to perform a child custody evaluation in this case under Family Code section 3110.5(d) and rule 5.225(j)(2) of the California Rules of Court because:

(1) The court has determined there are no evaluators meeting the criteria of Family Code section 3110.5(c) who are willing and available, within a reasonable period of time, to perform child custody evaluations; and

(2) The parties have stipulated to, and the court has approved, having the evaluation done by an individual who does not satisfy the licensing criteria set forth in Family Code section 3110.5(c).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

Form Adopted for Mandatory Use

Judicial Council of California

FL-326 [Rev. January 1, 2005]

DECLARATION OF PRIVATE CHILD CUSTODY

EVALUATOR REGARDING QUALIFICATIONS

Page 1 of 1

Family Code, §§ 1816; 3110.5

Cal. Rules of Court, rules 5.225, 5.230

What the Declaration of Private Child Custody Is

A Declaration of Private Child Custody is a written, signed statement by a custodial parent, guardian, or primary caregiver that sets out who has physical custody and decision-making authority for a minor outside of a court order. It records factual custody arrangements, parental authority for school or medical decisions, and contact information. This document is commonly used to provide proof of custody to schools, medical providers, travel authorities, and other third parties when a formal court order is not yet available or when parties prefer a private agreement.

Why a Private Declaration Can Be Useful

A private declaration provides immediate, portable proof of custodial authority for enrollment, medical consent, travel, and emergency contacts while parties consider court action or when they agree to a private arrangement. It can reduce administrative friction with institutions that require written custody verification.

Who Typically Prepares and Relies on This Declaration

Common users prepare and share this declaration to document custody facts for institutions and caregivers.

Parents or informal co-parents needing written proof for schools and medical providers.
Legal guardians or custodians who must show authority for the child’s care and decisions.
Family law attorneys preparing interim documentation for clients pending court proceedings.

Core Parts of a Professional Declaration

A clear declaration groups identity, custody terms, authority limits, effective period, signatures, and authentication so third parties can quickly verify authority and scope.

Parties

Full legal names and relationships for parent(s), guardian(s), and any other named custodians, with birthdates or identifiers as needed for clarity.

Child Details

Child's full legal name, date of birth, and identifying details so institutions can match records without ambiguity or reliance on nicknames.

Custody Type

Specify whether custody is physical, legal, sole, or shared, and describe decision-making authority for education, health care, and travel.

Effective Term

State the effective date and whether the declaration is temporary, revocable, or remains until a court order supersedes it.

Signatures

Signature blocks for each signing party and dated signature lines; include printed names and contact information for follow-up verification.

Authentication

Notarization and witness statements if required or recommended by the receiving party, and any attached supporting documents.

Step-by-Step: Complete and Authenticate the Declaration

Follow these sequential steps to prepare a defensible private custody declaration and present it to third parties.

01

Gather documents: Collect IDs, birth certificate, and any prior orders.
02

Fill the form: Enter all fields accurately in MM/DD/YYYY format.
03

Sign and notarize: Have all parties sign; notarize if required.
04

Provide copies: Share certified copies with schools, doctors, or carriers.

How to Customize and Complete the Declaration Online

Configure a simple online workflow to collect signatures, attach IDs, and retain a tamper-evident record for institutions that accept electronic documentation.

Field	Configuration
Signature fields	Require name, signature, and date for each adult signer.
Attachment settings	Allow upload of ID and birth certificate PDFs.
Authentication	Enable email plus SMS code or ID verification.
Audit trail	Capture IP, timestamp, and completion certificate.

Where to File, Send, or Present the Declaration

A private declaration is not typically filed with a court but is presented to institutions and may be filed as evidence if dispute arises; follow recipient-specific requirements.

School districts: Provide a signed copy and proof of guardianship on school letterhead if requested.
Medical providers: Present the document plus photo ID and any HIPAA authorization.
Travel carriers: Airlines or border agents may require notarized permission and birth certificate.
Courts or attorneys: Use the declaration as supporting evidence if a custody dispute is litigated.

Digital Signing and eSubmission Considerations

Choose eSignature settings that balance signer convenience with authentication strength and record retention.

Authentication: Email plus SMS code
Document formats: PDF and DOCX
Integrations: School or EHR systems

Timelines and Common Timing Expectations

Timing requirements vary by recipient; some institutions accept a private declaration immediately, while others prefer court orders or notarized documents before granting authority.

Effective upon signing:

Declaration usually takes effect on the stated effective date.

School processing time:

Many districts process custody paperwork within 5–15 business days.

Medical acceptance:

Hospitals may require notarization or additional authorization forms.

Travel considerations:

Airlines and international travel often request notarized consent ahead of departure.

Court submission:

If used in litigation, follow local court scheduling and filing rules.

Common Mistakes to Avoid

Using nicknames or inconsistent names that prevent identity verification by schools or providers.
Leaving signature dates blank or using ambiguous effective dates that create gaps in authority.
Failing to attach required identity documents or birth certificates when requested by the recipient.
Assuming a private declaration replaces a court order when institutions specifically require judicial documentation.

Risks and Legal Consequences of an Incorrect Declaration

Unenforceable Document: May be refused by authorities

Contempt Risk: Court orders violated may lead to contempt

Child Welfare Referral: Incorrect authority can trigger CPS review

Perjury Exposure: False statements risk criminal penalties

Authentication Failures: Unsigned or improperly notarized forms rejected

Disputes: May complicate later litigation

eSignature Platform Pricing and Feature Snapshot

Common eSignature vendors and basic pricing/features to consider when collecting signatures for custody declarations; signNow appears first for comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Examples of When a Declaration Helps

Realistic scenarios where a clear, signed declaration removes administrative barriers and documents custodial facts for third parties.

Temporary School Authorization

A separated parent needs school enrollment while awaiting a court hearing

The school accepts a notarized private declaration
The declaration, child’s birth certificate, and guardianship contact reduced enrollment delay and allowed immediate access to services.

Medical Consent During Travel

A noncustodial relative travels with the child for medical treatment

Airline and clinic request proof of authority
A signed, notarized declaration plus ID and medical records enabled treatment and facilitated coordination with the child’s primary physician.

Typical Signers and Their Roles

Parent / Guardian

A parent or legal guardian completes and signs the declaration to assert custodial authority for the child, provide contact details, and specify limits on decision-making or travel. This person is typically the primary point of contact for schools and medical providers and must ensure accurate identity verification.

Family Attorney

A family law attorney reviews or drafts the declaration to ensure it accurately reflects the parties’ intentions, complies with applicable state rules, and can be used as supporting evidence in court if disputes arise. Attorneys also advise on notarization and whether a court order is preferable.

Frequently Asked Questions and Practical Answers

Answers to common questions about enforceability, notarization, eSigning, and next steps when a declaration is challenged.

Need help? Contact support

Is a private declaration legally binding?
A private declaration documents factual custody arrangements but does not override a valid court order. Its legal effect depends on recipient acceptance and later court review; always disclose existing orders to avoid conflicts.
Can this document be electronically signed?
Yes. Electronic signatures are valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Do I need a notary or witnesses?
Some recipients require notarization or witnesses. Verify local rules; for travel and some medical institutions, notarization is commonly requested to reduce fraud risk.
What if facts change after signing?
Execute a dated amendment signed by all parties or draft a new declaration. Keep originals and provide updated copies to institutions that rely on the document.
How do I revoke the declaration?
Revoke in writing, sign and date the revocation, and distribute it to all recipients. If a court order exists, follow court procedures for modification or revocation.
What if a school or hospital refuses it?
Ask for the institution’s written policy, provide supporting IDs and documents, and consult an attorney to determine whether a court order or certified copy is required.

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