REQUEST FOR ORDER
Judicial Council Form FL-300
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO — FAMILY LAW DIVISION
| Petitioner: | Elena Lopez |
| Respondent: | Carlos Lopez |
| Case Number: | 24DN012756 (FICTIONAL) |
| Hearing Date: | May 28, 2026 |
| Hearing Time: | 8:30 a.m. |
| Department: | Department 28 (FICTIONAL) |
| Judge: | Hon. [JUDGE NAME — FICTIONAL] |
PETITIONER ELENA LOPEZ’S REQUEST FOR ORDER — TEMPORARY CUSTODY, CHILD SUPPORT, SPOUSAL SUPPORT, AND VISITATION
PART I — ORDERS REQUESTED
Petitioner Elena Lopez hereby requests that the Court issue the following temporary orders pursuant to Family Code §§ 2040, 3011, 3020, 3040, 4055, and 4320 et seq.:
☑ LEGAL CUSTODY — Petitioner requests an order for joint legal custody of the minor children Sofia Lopez (age 8) and Mateo Lopez (age 5), with both parents sharing equal authority over major decisions regarding the children’s education, health care, and welfare.
☑ PHYSICAL CUSTODY — Petitioner requests an order for primary physical custody with Petitioner, with reasonable visitation to Respondent consistent with the proposed parenting plan (see attached Exhibit A — Proposed Parenting Plan).
☑ CHILD SUPPORT — Petitioner requests temporary child support in an amount consistent with the California guideline formula (Family Code § 4055), based on Petitioner’s income as set forth in the attached FL-150 and Respondent’s income as reported or to be confirmed by income and expense declaration.
☑ SPOUSAL SUPPORT (PENDENTE LITE) — Petitioner requests temporary spousal support in an amount determined by the Court using the DissoMaster program, based on the parties’ respective incomes, pursuant to Family Code § 3600.
☑ ATTORNEY FEES — Petitioner requests a contribution to attorney fees and costs pursuant to Family Code § 2030, given the substantial disparity in the parties’ income and earning capacity.
☑ USE OF FAMILY HOME — Petitioner requests an order granting Petitioner exclusive use and possession of the family home at [Fictional Street Address], Chula Vista, California, pending further order of the Court.
PART II — PETITIONER’S DECLARATION IN SUPPORT OF REQUEST FOR ORDER
I, Elena Lopez, declare under penalty of perjury under the laws of the State of California:
A. Background
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I am the Petitioner in this dissolution proceeding. Carlos Lopez (“Respondent”) and I were married on March 22, 2014, in San Diego, California. We separated on October 15, 2025. We have two minor children together: Sofia Lopez, born [FICTIONAL DOB, age 8], and Mateo Lopez, born [FICTIONAL DOB, age 5].
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Since our separation, the children have resided with me at the family home in Chula Vista. Respondent relocated to a corporate apartment in Irvine, California, at the time of separation and returns to San Diego for weekend visits when his travel schedule permits.
B. Best Interest of the Children — Family Code § 3011 Factors
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Health, safety, and welfare of the children: Both children are healthy. Sofia is enrolled in second grade at Chula Vista Elementary School (FICTIONAL). Mateo attends preschool at Bright Stars Learning Center three days per week. Both children have been under my primary care since birth and are settled in their home, school, and community routines. Disrupting this stability would be contrary to their best interests.
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Nature and amount of contact with each parent: Since separation, Respondent has seen the children approximately two weekends per month. His travel schedule — which requires him to travel for business approximately 40 percent of the time — has occasionally caused him to miss scheduled visits. I do not oppose a regular, predictable visitation schedule, and I support the children’s relationship with their father.
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History of domestic violence: There is no history of domestic violence between the parties or toward the children.
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Substance abuse: I am not aware of any substance abuse issues with either party.
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Continuity and stability: The children have lived at the family home their entire lives. Both are enrolled in their respective schools within walking distance. Their pediatrician, dentist, and extracurricular activities are all within the community. Maintaining continuity strongly supports primary physical custody with me pending final judgment.
C. Financial Circumstances
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I am employed part-time as a dental hygienist earning approximately $4,320 gross per month, as reflected in the attached FL-150 Income and Expense Declaration. My monthly expenses for myself and the children total approximately $8,283 per month. I am currently running a monthly deficit of approximately $5,487, which I have been covering by drawing on joint savings.
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Respondent is employed full-time as a Regional Sales Manager for [Fictional Employer]. Based on his 2024 W-2 (the most recent on file), his gross annual income was approximately $134,000, or approximately $11,167 per month. I expect his current income is similar or higher. I am requesting that Respondent complete and serve a current FL-150 prior to the hearing.
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The children’s monthly daycare and after-school care costs total $1,400 per month. Under Family Code § 4061, this cost should be allocated between the parties in proportion to their incomes.
D. Request for Exclusive Use of Family Home
- I and the children have resided in the family home since the date of separation. Respondent voluntarily relocated at separation. There is an outstanding mortgage obligation of approximately $390,000 and the children’s schooling and community ties are anchored to this location. Granting me exclusive use and possession of the family home pending dissolution is necessary for the children’s stability and consistency.
E. Attorney Fees
- I have retained [LAW FIRM NAME] to represent me in this proceeding. I have incurred approximately $4,800 in attorney fees to date and anticipate continuing fees as the proceeding progresses. Given the substantial disparity in our incomes — Respondent earns approximately $6,845 more per month gross than I do — I respectfully request a contribution to my attorney fees and costs pursuant to Family Code § 2030 to ensure access to equal representation.
PART III — NOTICE AND SERVICE
Respondent Carlos Lopez has been served with this Request for Order, the attached Petitioner’s Declaration, the proposed Parenting Plan (Exhibit A), and the Income and Expense Declaration (FL-150) in the manner set forth in the Proof of Service filed herewith.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on April 17, 2026, at San Diego, California.
Elena Lopez, Petitioner
Attorney for Petitioner:
[ATTORNEY NAME — STATE BAR NO. ######] [LAW FIRM NAME] [Street Address], San Diego, California [ZIP] Telephone: (619) 555-0300
Dated: April 17, 2026
Attachments:
- Exhibit A — Proposed Parenting Plan
- FL-150 Income and Expense Declaration (Petitioner)
- FL-160 Property Declaration (Petitioner)
This document is a fictional representation created for portfolio purposes only. All names, case numbers, and factual details are invented.