The FL-105/GC-120 form is a legal document used in California family law cases to declare custody information regarding minors. It ensures that the necessary details about the child’s residence and custody arrangements are communicated to the court. For assistance in filling out this important form, please click the button below.
The FL-105/GC-120 form is a crucial document utilized in family law and guardianship cases within the California court system. This form serves to declare important information regarding child custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Individuals involved in custody proceedings must provide detailed information about themselves, the children involved, and their living situations over the past five years. This includes the names, birthdates, and addresses of the children, as well as the names and addresses of individuals with whom the children have lived. Additionally, the form requires parties to disclose any previous court cases related to custody or visitation, ensuring the court has a comprehensive understanding of the child's circumstances. Importantly, the FL-105/GC-120 also addresses the presence of any domestic violence restraining orders, which can significantly impact custody decisions. Privacy is a key concern; therefore, the form includes provisions to keep certain information confidential. By completing this form accurately, parties can help facilitate a smoother legal process, ultimately aiming to serve the best interests of the child involved.
FL-105/GC-120
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
TELEPHONE NO.:
FAX NO. (Optional):
Clear This Form button at the
E-MAIL ADDRESS (Optional):
end of the form when finished.
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
(This section applies only to family law cases.)
RESPONDENT:
OTHER PARTY:
(This section apples only to guardianship cases.)
CASE NUMBER:
GUARDIANSHIP OF (Name):
Minor
DECLARATION UNDER UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
1. I am a party to this proceeding to determine custody of a child.
2.
My present address and the present address of each child residing with me is confidential under Family Code section 3429 as
I have indicated in item 3.
3. There are (specify number):
minor children who are subject to this proceeding, as follows:
(Insert the information requested below. The residence information must be given for the last FIVE years.)
a. Child’s name
Place of birth
Date of birth
Sex
Period of residence
Address
Person child lived with (name and complete current address)
Relationship
to present
Confidential
Child's residence (City, State)
to
b. Child’s name
Residence information is the same as given above for child a.
(If NOT the same, provide the information below.)
c.
d.
Additional residence information for a child listed in item a or b is continued on attachment 3c.
Additional children are listed on form FL-105(A)/GC-120(A). (Provide all requested information for additional children.)
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Form Adopted for Mandatory Use Judicial Council of California
FL-105/GC-120 [Rev. January 1, 2009]
DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)
Family Code, § 3400 et seq.;
Probate Code, §§ 1510(f), 1512 www.courtinfo.ca.gov
SHORT TITLE:
4.Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding?
Yes
No (If yes, attach a copy of the orders (if you have one) and provide the following information):
Proceeding
Court
Court order
Name of each child
Your
Case number
or judgment
connection to
Case status
(name, state, location)
(date)
the case
a.
Family
b.
Guardianship
Other
Case Number
Court (name, state, location)
d.Juvenile Delinquency/ Juvenile Dependency
e.
Adoption
5.
One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one
and provide the following information):
County
State
Case number (if known)
Orders expire (date)
Criminal
b. Family
c.Juvenile Delinquency/ Juvenile Dependency
d. Other
6.Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or
visitation rights with any child in this case?
No (If yes, provide the following information):
a. Name and address of person
Has physical custody
Claims custody rights
Claims visitation rights
b. Name and address of person
c. Name and address of person
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
7.
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Number of pages attached:
NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody proceeding in a California court or any other court concerning a child subject to this proceeding.
For your protection and privacy, please press the Clear This Form
Save This Form
Print This Form
button after you have printed the form.
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Clear This Form
Filling out the FL-105/GC-120 form is an important step in legal proceedings related to child custody and guardianship. After completing the form, it’s essential to submit it to the appropriate court, ensuring that all necessary documents are attached. This will help the court understand the circumstances surrounding the custody of the child or children involved.
The FL-105/GC-120 form is a legal document used in California family law cases, particularly those involving child custody and guardianship. It serves to collect essential information about the parties involved and the children affected by the custody proceedings. This form is also part of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to provide a consistent framework for custody decisions across state lines.
This form must be completed by any party involved in a custody proceeding concerning a minor child. This includes parents, guardians, or any other individuals who have a legal interest in the child's welfare. If you are seeking custody or have been named in a custody dispute, this form is likely required.
The form requests various details, including:
The FL-105/GC-120 form includes provisions to keep sensitive information confidential. Specifically, the addresses of the children and any other confidential information can be marked as such. It’s crucial to indicate this clearly on the form to protect the privacy of all parties involved.
If you have been involved in any other custody or visitation cases, whether in California or elsewhere, you must disclose this information on the form. Attach any relevant orders or documents from those proceedings to provide a complete picture of the custody situation. This helps the court understand the context of your current case.
If there are any domestic violence restraining orders that apply to you or the other parties involved, you need to include that information on the FL-105/GC-120 form. Attach copies of these orders if available. The court takes such matters seriously, and this information can significantly impact custody decisions.
By signing the FL-105/GC-120 form, you declare under penalty of perjury that the information provided is true and correct. This is a legal affirmation that any false statements can lead to serious consequences, including legal penalties. It underscores the importance of honesty in legal proceedings.
After filling out the FL-105/GC-120 form, ensure that all required sections are complete and accurate. You should then file it with the court as part of your custody proceedings. It’s also advisable to keep copies for your records. Lastly, remember to press the "Clear This Form" button to protect your privacy once you are finished.
Filling out the FL-105/GC-120 form can be a daunting task, and many individuals make common mistakes that can lead to delays or complications in their case. One frequent error is failing to provide complete and accurate information about the children involved. Each child’s name, date of birth, and other details must be filled out correctly. Omitting any of this information can result in the court being unable to process the case effectively.
Another common mistake is not including the correct addresses for the past five years. The form requires detailed residence history, and many people either skip this section or provide incomplete addresses. This information is crucial for establishing custody arrangements and ensuring the safety of the children involved. Inaccuracies or omissions can lead to unnecessary complications.
Many individuals also overlook the importance of attaching necessary documents. If there are existing court orders related to custody or visitation, these must be included with the form. Failing to attach these documents can hinder the court's understanding of the case and may result in delays. Always check to ensure that all required attachments are included before submitting the form.
In addition, some people mistakenly assume that they do not need to disclose previous court cases or proceedings related to the children. However, the form explicitly asks for this information. Not providing it can be viewed as withholding information, which may negatively impact the case. Transparency is key when dealing with custody matters.
Another error involves misunderstanding the confidentiality aspects of the form. While certain information is meant to be kept confidential, individuals sometimes misinterpret what can be disclosed. It’s essential to follow the guidelines closely to protect your privacy while still providing the necessary information for the court.
Lastly, many individuals forget to sign and date the form. This might seem like a minor oversight, but without a signature, the form is not valid. The declaration under penalty of perjury emphasizes the importance of this step. Ensure that the form is signed and dated before submission to avoid any unnecessary delays in the process.
The FL-105/GC-120 form is an essential document in family law cases, particularly those involving custody and guardianship matters. However, it is often accompanied by several other forms and documents that provide additional information or support the claims made within it. Understanding these accompanying documents can help individuals navigate the legal process more effectively.
Each of these forms plays a vital role in the family law process. They help ensure that all necessary information is presented to the court, allowing for informed decisions that prioritize the welfare of children involved in custody and guardianship cases. Familiarity with these documents can empower individuals as they navigate their legal journeys.
When filling out the FL-105/GC-120 form, it is essential to be thorough and accurate. Here is a list of things you should and shouldn't do to ensure a smooth process.
By following these guidelines, you can help ensure that your form is filled out correctly and that your rights and those of your children are protected. Take your time, and don't rush through the process.
There are several misconceptions about the FL-105/GC-120 form. Understanding these can help clarify its purpose and usage. Here are eight common misconceptions:
When filling out and using the FL-105/GC-120 form, there are several important points to keep in mind. Here are some key takeaways:
By following these guidelines, you can ensure that the form is filled out correctly and that your rights, as well as those of your children, are protected throughout the legal process.