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Disclaimer This article is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Court forms, filing requirements, and procedures are subject to change. Always verify current form versions at courts.ca.gov and consult a licensed California attorney for guidance specific to your situation. Reading this article does not create an attorney-client relationship with SuperDocs or any attorney. |
If you handle child custody cases in California, you have likely come across FL-105 — the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). While it may look like just another form, FL-105 plays a critical role in establishing the court’s authority to make custody orders.
Filing an incomplete or inaccurate FL-105 can lead to delays, requests for correction, or jurisdictional complications — and because the form is jurisdictional, even small omissions can create disproportionate problems. For attorneys and paralegals, the real objective is to prepare it accurately the first time and to make sure it aligns with the rest of the filing package.
Why FL-105 Matters
The UCCJEA is a uniform law adopted by every state, including California, to determine which state has jurisdiction to make child custody decisions. Its purpose is to prevent conflicting custody orders between states and help ensure that valid custody orders are respected and enforceable nationwide.
FL-105 gives the court the information it needs to determine whether California has jurisdiction over the child custody matter. Without it, the court lacks a basis to assert jurisdiction and cannot move forward on custody-related requests.
When Is FL-105 Required?
You must file FL-105 in family law cases involving child custody or visitation, including:
• Dissolution of marriage matters involving minor children
• Legal separation matters involving child custody or visitation
• Parentage actions
• Domestic partnership cases involving children
• Requests for custody or visitation orders
It is typically filed with the initial petition or with a request involving custody issues, and it remains important whenever the court needs to confirm jurisdiction.
How to Complete FL-105: Section-by-Section Guide
1. Child Information
List each child’s full name and date of birth. If there are more children than the form allows, attach an additional page using MC-020 or another approved continuation page.
2. Home State Information
Identify where each child has lived during the previous five years and with whom. If the child has lived in California for the last six months, list California as the home state for that time period.
3. Previous Custody Cases
Disclose whether there are any other custody cases concerning the child in California or another state. Include available information such as the case number, court name, and current status.
4. Other People Claiming Custody
List all persons not already named in the case who may claim a right to custody or visitation. Include names, addresses when required, and the relationship to the child.
5. Domestic Violence Orders & Special Circumstances
Answer the questions about domestic violence restraining orders, emergency protection orders, abandoned children, and whether the child is the subject of another custody proceeding. Do not skip any question even if the answer seems unimportant — blank fields signal an incomplete declaration.
Mistakes and Best Practices
Because FL-105 is jurisdictional, errors here have outsized consequences compared to other forms. The most common problems to avoid:
• Failing to list every child involved in the case
• Leaving out prior custody matters in other states
• Using incomplete residence history
• Skipping a question because the answer seems unimportant
• Submitting an unsigned or inconsistent declaration
And the workflow habits that prevent them:
• Gather the child’s five-year residence history during intake rather than reconstructing it at filing time
• Confirm whether any other state has issued custody or protection orders before filing
• Use the same party names, child names, and matter details across all related forms
• Recheck the declaration whenever new facts emerge that might affect jurisdiction
• Review FL-105 alongside the petition and any custody-related requests before submitting
How SuperDocs Can Help
SuperDocs helps California firms prepare court forms faster by organizing matter information in a structured workflow and reusing it where appropriate. For FL-105, that means less manual re-entry of names, dates, and related case details, and a more consistent process across the rest of the family law filing set.
Spend less time on re-entry, more time on the case — with the confidence that opening custody forms are aligned before filing.
• Enter client data once — FL-105 and companion forms populate automatically
• Fields validated for consistency across FL-100, FL-105, FL-110, and related forms
• Review and edit any field before printing or downloading
• Save client profiles for future filings and modifications
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