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Form FL-260, Petition for Custody and Support of Minor Children, page 1
Moderate · 46/100Form Complexity Index

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What this form asks for

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Form FL-260, the Petition for Custody and Support of Minor Children, is a legal document filed in a California Superior Court to establish court orders for child custody, visitation (parenting time), and child support. It is typically used by parents who are not married or who are married but are not filing for divorce, legal separation, or nullity. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields90
Pages2
Form Complexity IndexModerate, 46/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Petitioner and Respondent Name Completeness

This check ensures that the full names for both the 'PETITIONER' and 'RESPONDENT' are entered in the header section of the form. These fields are critical for identifying the primary parties in the legal action. A failure to provide both names would render the petition legally insufficient and would prevent the case from being properly filed and served.

Minimum Child Information Requirement

Validates that at least one minor child, including their name, birthdate, and age, is listed in Section 1. A petition for custody and support is meaningless without identifying the child or children it concerns. If no child is listed, the form cannot be submitted as its primary purpose is unfulfilled.

Child's Birthdate Validity and Chronology

This check verifies that each 'Birthdate' entered in Section 1 is a valid calendar date and occurs in the past, prior to the submission date. This is important for establishing the child's minority status and for calculating support. An invalid or future date would lead to incorrect age calculations and potential rejection by the court.

Child's Age Verification

Ensures the 'Age' provided for each child in Section 1 is a positive integer less than 18 and accurately corresponds to the provided 'Birthdate'. This confirms the child is a minor, which is a prerequisite for this petition. A mismatch between the birthdate and age indicates a data entry error that must be corrected for legal accuracy.

Basis for Petition Selection

This validation confirms that at least one of the checkboxes in Section 2 (a, b, c, or d) has been selected. This selection is mandatory as it establishes the legal grounds and jurisdiction for the court to hear the case. Without this information, the court cannot determine if the petition is appropriate, and the filing will be rejected.

Conditional Requirement for Prior Case Information

If checkbox 2d is selected, indicating a prior parentage determination, this check ensures the corresponding 'Case number', 'County', and 'State' fields are filled out. This information is essential for the court to locate and reference the previous legal action. Failure to provide these details when 2d is checked will result in an incomplete and potentially un-linkable petition.

And 8 more checks
  • UCCJEA Declaration Attachment Confirmation
  • Legal Custody Request Selection
  • Physical Custody Request Selection
  • Conditional Name for 'Other' Custody
  • Mutually Exclusive Attorney Fee Selection
  • Signature Date Presence and Validity
  • Petitioner Name Consistency Check
  • State Bar Number Format

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How to Fill Out FL-260 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the FL-260 Petition for Custody and Support of Minor Children form.
  2. Enter your personal information, the respondent's information, and the details of the Superior Court where you are filing the petition.
  3. List the full name and birthdate of each minor child involved in the case.
  4. Indicate the legal basis for filing the petition, such as being married without a pending dissolution case or having a signed voluntary declaration of parentage.
  5. Specify your requests for legal and physical custody (sole, joint, or other) and outline the proposed visitation or parenting time schedule.
  6. Address requests for child support and the payment of attorney's fees and court costs.
  7. Carefully review all the information entered by the AI for accuracy, then electronically sign and date the petition before downloading it for filing with the court.

Common Mistakes in Completing FL-260

The ones the AI is built to catch.

Forgetting to Attach the Mandatory UCCJEA Form (FL-105)
Item 3 explicitly requires the petitioner to attach a completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105). This form is mandatory in all California custody cases to establish the court's jurisdiction over the children. Forgetting to include this form is one of the most common reasons for a court clerk to reject the entire filing, causing significant delays and requiring the petitioner to refile everything.
Providing a Vague or Incomplete Parenting Plan
In section 4, petitioners often check boxes for 'Joint' custody but fail to provide a specific, detailed schedule for visitation (parenting time). A vague request like 'reasonable visitation' is unenforceable and forces the court to guess at the parents' intent. This leads to future conflict and requires additional court hearings to clarify the schedule. To avoid this, provide a clear, day-by-day schedule, including holidays and vacations, either in the space provided or on the required attachment (form FL-341).
Failing to Attach Required Supporting Documents
Several sections of the petition, such as 2.b (Voluntary Declaration of Parentage) and 4.e-h (requests for specific orders), require attaching other forms or documents. Petitioners frequently check these boxes to make a request but forget to find, complete, and attach the corresponding paperwork. This results in those specific requests being ignored or denied, and the court cannot make the orders you want without the proper supporting declarations and forms.
Incorrectly Filling Out the Header Information
Individuals representing themselves (pro se) often get confused by the top section. They may leave the 'ATTORNEY FOR' field blank or write 'Self' instead of their own name as required. Additionally, entering the wrong court address or branch name can lead to the petition being filed in the wrong courthouse, causing major procedural delays. Double-check the correct Superior Court location and details for your county before filing.
Omitting or Providing Incorrect Information for Minor Children
In section 1, it is critical that every minor child of the relationship is listed with their full legal name and correct birthdate. People sometimes use nicknames, misspell names, or enter the wrong date of birth, which can create serious legal issues. The court's orders for custody and support will only apply to the children listed, so any omission or error could exclude a child from the court order, requiring a lengthy amendment process.
Forgetting to Sign and Date the Petition
An unsigned or undated petition is legally invalid and will be rejected immediately by the court clerk. This mistake often happens due to stress or oversight when managing multiple documents. The petitioner must physically sign on the signature line under penalty of perjury; typing your name in the signature field is not sufficient. This simple error will halt the entire legal process until a properly signed form is submitted.
Selecting the Incorrect Basis for the Petition
Section 2 establishes the legal grounds for the court to hear the case, and selecting the wrong option can lead to dismissal. For example, a petitioner might check 2.a (married) when they were never married but have a voluntary declaration of parentage (2.b). This kind of error invalidates the basis of the petition and forces the petitioner to start over. Carefully read each option and select the one that accurately reflects your relationship status with the respondent.
Reversing the Petitioner and Respondent Roles
The 'Petitioner' is the person who files the case, and the 'Respondent' is the other parent. Accidentally swapping these names throughout the form is a frequent data entry error that causes significant confusion for the court and the other party. This can lead to defective service and may require filing an amended petition to correct the record. To prevent this, confirm your role as the Petitioner and consistently use your name in all 'Petitioner' fields.
Failing to Use an Attachment for Additional Children or Information
The form has limited space, such as the four slots for children in section 1 or the small text boxes for visitation details. When more space is needed, the petitioner must check the 'continued on' box and use an attachment (like form MC-025). Many people try to squeeze information into the margins or simply omit it, which can result in incomplete orders. AI-powered tools like Instafill.ai can help by automatically generating necessary attachments when your information exceeds the provided space.
Misunderstanding the 'Attorney's Fees' Section
In section 5, a self-represented petitioner may be confused about how to handle the request for attorney's fees. They might incorrectly request that the respondent pay their fees, even though they don't have an attorney, or check contradictory boxes. This creates ambiguity in the petition. If you do not have an attorney, it is often best to leave this section blank or consult with a legal professional on the proper way to request fees you may incur.

Frequently Asked Questions About FL-260

 

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How does the AI fill out FL-260?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of FL-260, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is FL-260 to fill out?
FL-260 has a Form Complexity Index of 46 out of 100, in the moderate tier: 90 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form FL-260, Petition for Custody and Support of Minor Children?
This form is used to ask a California court to make initial orders for child custody, visitation (parenting time), and child support for your minor children. It is used when you are not filing for divorce, legal separation, or nullity.
Who should file this form?
You should file this form if you are a parent and need court orders for your children, but you are not ending a marriage or domestic partnership. This includes married parents living separately or unmarried parents who have legally established parentage.
Does filing Form FL-260 start a divorce proceeding?
No, this form does not start a divorce or terminate a marriage. It is specifically for cases where parents need custody and support orders independent of a dissolution, legal separation, or nullity action.
What other forms must I file along with this petition?
You must also file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105) and a Summons (Form FL-210). You will also need to provide the other parent with a blank Response to Petition for Custody and Support of Minor Children (Form FL-270).
What is the difference between legal and physical custody in Section 4?
Legal custody refers to the right and responsibility to make important decisions about your children's health, education, and welfare. Physical custody refers to which parent the children will live with.
Why do I need to attach the UCCJEA Declaration (Form FL-105)?
The UCCJEA declaration is mandatory and provides the court with information about where your children have lived for the past five years. This helps the court confirm it has the proper authority (jurisdiction) to make custody orders for your children.
How do I propose a specific visitation or parenting time schedule?
In Section 4, you can outline your proposed schedule. For detailed schedules, it is common to check the box for an attachment and use the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311).
What happens after I file the petition with the court?
After filing, you must formally notify the other parent (the Respondent) by having them 'served' with copies of the filed Petition, a Summons, and a blank Response form. The Respondent then has a specific amount of time to file a response with the court.
How will the court determine the amount of child support?
The court uses a statewide formula that considers several factors, primarily the income of both parents and the amount of time each parent spends with the children. You must provide the court with information about your income.
What is the restraining order mentioned in Section 8 of the form?
This refers to the Standard Family Law Restraining Orders found on the back of the Summons (Form FL-210). These orders automatically go into effect for the petitioner upon filing and for the respondent upon being served, preventing actions like taking the children out of state without consent.
Can I use this form if the other parent and I were never married?
Yes, you can use this form if you are unmarried parents. You would typically check box 2b, indicating that you have signed a voluntary declaration of parentage establishing who the legal parents are.
Can AI tools help me fill out Form FL-260?
Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This can help you complete the petition more efficiently and with fewer errors.
How can I fill out this form online using Instafill.ai?
You can upload the PDF of Form FL-260 to the Instafill.ai platform. It will make the form interactive, allowing you to easily type your information into the correct fields and then download the completed document.
The PDF version of Form FL-260 I have is not fillable. What should I do?
If you have a non-fillable or 'flat' PDF, you can use a service like Instafill.ai. It can convert the document into an interactive, fillable form that you can complete on your computer.
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family petition forms: Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18), Form FL-100, Petition—Marriage/Domestic Partnership (Family Law), Florida Supreme Court Approved Family Law Form 12.941(a), Petition for Enforcement of Out-of-State Custody Decree and for Order to Pick Up Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody by Extended Family, Florida Family Law Rules of Procedure Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition, Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan / Time-Sharing Schedule and Other Relief, Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support, Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony, Form FL-220, Response to Petition to Determine Parental Relationship (Uniform Parentage), Form FL-210, Summons (Uniform Parentage—Petition for Custody and Support), Form FL-200, Petition to Determine Parental Relationship (Uniform Parentage), Form FL-270, Response to Petition for Custody and Support of Minor Children, Florida Supreme Court Approved Family Law Form 12.983(a), Petition to Determine Paternity and for Related Relief

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