Fl 105 Gc 120 Template

Fl 105 Gc 120 Template

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.

Table of Contents

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 Sample

 

 

 

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

 

 

 

 

 

Confidential

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b. Child’s name

 

 

 

 

Place of birth

 

 

 

 

Date of birth

 

Sex

 

 

 

Residence information is the same as given above for child a.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(If NOT the same, provide the information below.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Period of residence

Address

 

 

Person child lived with (name and complete current address)

Relationship

 

 

 

 

to present

 

 

Confidential

 

 

 

 

 

Confidential

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

 

 

 

 

 

 

 

 

 

 

 

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child's residence (City, State)

 

Person child lived with (name and complete current address)

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.)

Page 1 of 2

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:

FL-105/GC-120

CASE NUMBER:

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proceeding

 

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):

 

 

 

 

 

 

 

 

 

 

 

 

 

Court

County

State

Case number (if known)

Orders expire (date)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a.

 

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?

Yes

No (If yes, provide the following information):

a. Name and address of person

Has physical custody

Claims custody rights

Claims visitation rights

Name of each child

b. Name and address of person

Has physical custody

Claims custody rights

Claims visitation rights

Name of each child

c. Name and address of person

Has physical custody

Claims custody rights

Claims visitation rights

Name of each child

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.

FL-105/GC-120 [Rev. January 1, 2009]

DECLARATION UNDER UNIFORM CHILD CUSTODY

 

JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

For your protection and privacy, please press the Clear This Form

 

 

 

 

 

Save This Form

 

Print This Form

button after you have printed the form.

 

 

 

 

 

 

 

 

Page 2 of 2

Clear This Form

Document Attributes

Fact Name Description
Form Title FL-105/GC-120 is the title of the form used in California family law and guardianship cases.
Governing Law The form is governed by the Family Code, § 3400 et seq., and the Probate Code, §§ 1510(f), 1512.
Confidentiality Addresses of the parties and children may be kept confidential under Family Code section 3429.
Purpose The form is used to declare custody arrangements under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Child Information Details about each child involved, including name, date of birth, and residence history, must be provided.
Domestic Violence Orders The form includes a section for disclosing any existing domestic violence restraining orders.
Attachments Additional information for children or related cases can be provided on attached forms if necessary.
Signature Requirement The declarant must sign the form, affirming the truthfulness of the information provided.

Fl 105 Gc 120: Usage Instruction

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.

  1. Begin by entering your name, state bar number (if applicable), and address in the section labeled ATTORNEY OR PARTY WITHOUT ATTORNEY.
  2. Fill in your telephone number and optional fax number and email address.
  3. Indicate who you are representing by filling in the ATTORNEY FOR section, if applicable.
  4. Provide the name of the SUPERIOR COURT of California, the county, and the branch name where you are filing.
  5. Complete the PETITIONER, RESPONDENT, and OTHER PARTY sections as required, particularly for family law and guardianship cases.
  6. Enter the CASE NUMBER and the name of the child or children involved in the GUARDIANSHIP OF section.
  7. In the section about minor children, specify the number of children involved in the proceeding.
  8. For each child, provide their name, place of birth, date of birth, sex, and residence information for the last five years. Include details about who they lived with and their relationship to the child.
  9. If there are additional children, list them on the attached form FL-105(A)/GC-120(A) as required.
  10. Answer questions regarding any previous court cases or custody proceedings involving the child. If applicable, attach copies of any relevant orders.
  11. Indicate whether any domestic violence restraining orders are in effect and provide details if so.
  12. Disclose any individuals who have physical custody or claim visitation rights concerning the child.
  13. Finally, sign and date the declaration, ensuring that you understand your ongoing duty to inform the court of any new custody information.

Frequently Asked Questions

  1. What is the FL-105/GC-120 form?

    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.

  2. Who needs to fill out this form?

    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.

  3. What information is required on the FL-105/GC-120 form?

    The form requests various details, including:

    • Your name and contact information.
    • The names and birth details of the children involved.
    • Address history for the past five years for each child.
    • Information about any other custody or visitation proceedings related to the child.
    • Details about any domestic violence restraining orders that may be in effect.
    • Information about individuals who may have custody or visitation rights.
  4. How is confidentiality maintained on this form?

    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.

  5. What should I do if I have participated in other custody proceedings?

    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.

  6. What happens if there are domestic violence restraining orders in effect?

    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.

  7. What is the significance of declaring under penalty of perjury?

    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.

  8. What should I do after completing the form?

    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.

Common mistakes

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.

Documents used along the form

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.

  • FL-105(A)/GC-120(A): This form is used to provide additional information about other minor children involved in the custody or guardianship case. It ensures that all relevant children are accounted for and their information is accurately documented.
  • FL-150: The Income and Expense Declaration form outlines the financial situation of the parties involved. It is crucial for determining child support and spousal support obligations, as it provides a clear picture of each party's income and expenses.
  • FL-300: This form is a Request for Order, which allows a party to ask the court for specific orders related to custody, visitation, or support. It is often filed when there is a need to modify existing orders or establish new ones.
  • FL-320: The Child Custody and Visitation Application form is used to propose a parenting plan. This document details how parents plan to share custody and visitation rights, ensuring that the best interests of the child are prioritized.
  • FL-341: The Child Custody and Visitation Order form is issued by the court after a hearing. It outlines the court's decisions regarding custody and visitation, making it a critical document for enforcing custody arrangements.
  • DV-100: The Domestic Violence Restraining Order form is necessary if there are claims of domestic violence. This document seeks protection for the affected party and may impact custody arrangements if granted.
  • FL-200: The Summons form notifies the other party of the legal action being taken. It is essential for ensuring that all parties are aware of the proceedings and have the opportunity to respond.

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.

Similar forms

  • FL-100: This form is a petition for dissolution of marriage. Like FL-105/GC-120, it initiates family law proceedings and requires detailed information about the parties involved.
  • FL-150: This form is a financial declaration. Similar to FL-105/GC-120, it collects financial information necessary for custody and support decisions.
  • FL-140: This is a declaration of disclosure. It shares financial information between parties, much like how FL-105/GC-120 shares custody-related information.
  • FL-300: This form is for requesting a custody order. It serves a similar purpose by detailing the custody arrangements being sought.
  • FL-320: This form is used for child custody and visitation. It parallels FL-105/GC-120 by addressing the custody of children in family law cases.
  • FL-200: This is a summons for family law cases. It notifies the other party of the proceedings, akin to how FL-105/GC-120 informs about custody matters.
  • FL-210: This form is a response to a petition. It allows a party to respond to custody claims, similar to how FL-105/GC-120 outlines custody details.
  • FL-260: This is a request for order regarding child custody. It is similar in that it seeks court intervention in custody matters.
  • GC-210: This form is used in guardianship cases. It shares a focus on the welfare of minors, just like FL-105/GC-120 does.
  • FL-355: This is a request for a child custody evaluation. It also addresses custody issues, similar to the purpose of FL-105/GC-120.

Dos and Don'ts

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.

  • Do read the instructions carefully before starting.
  • Do provide complete and accurate information for each section.
  • Do keep your contact information up to date.
  • Do double-check your entries for any errors before submitting.
  • Do attach any required documents, such as previous court orders.
  • Don't leave any sections blank unless instructed to do so.
  • Don't share sensitive information in public settings.
  • Don't forget to sign and date the form before submission.
  • Don't ignore the confidentiality sections; they are important for your privacy.
  • Don't hesitate to ask for help if you are unsure about any part of the form.

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.

Misconceptions

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:

  • The FL-105/GC-120 form is only for custody cases. This form is primarily used in family law cases, but it also applies to guardianship cases.
  • Filling out the form is optional. If you are involved in a custody or guardianship proceeding, completing this form is typically required by the court.
  • Your information is not confidential. The addresses and other details provided can be kept confidential under specific family law provisions.
  • Only lawyers can fill out the form. While attorneys often assist, any party involved in the case can complete the form.
  • Once submitted, you cannot change the information. You can update the court if any information changes after submitting the form.
  • The form is only for California residents. Although it follows California law, it can be relevant for individuals involved in custody matters across state lines.
  • It is not necessary to attach additional documents. If you have prior court orders or other relevant documents, you should attach them as required.
  • Submitting the form is the last step in the process. After submitting, you may still need to participate in hearings or provide further information as required by the court.

Key takeaways

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:

  • Confidentiality is crucial. The addresses of you and your children are confidential under Family Code section 3429. Ensure you indicate this on the form.
  • Provide accurate information. You must list the residence information for the last five years for each child involved in the proceeding.
  • Attach necessary documents. If you have participated in other custody or visitation proceedings, attach copies of relevant orders and provide details about those cases.
  • Disclose domestic violence orders. If there are any domestic violence restraining orders in effect, you must attach copies and provide details about them.
  • Inform the court of other custodial claims. If someone not involved in the case has physical custody or claims visitation rights, their information must be included on the form.
  • Maintain ongoing communication. You have a duty to inform the court about any new custody proceedings related to the child, even after submitting this form.

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.