Filing and Obtaining a California Paternity Judgment
Figuring out how to file and obtain a paternity judgment can be complicated. Here is everything you need to know about filing and obtaining a paternity judgment in California.
There are many steps that must be completed in order to file and obtain a paternity case in California. Not only are there numerous forms that need to be completed, but there are also different paths that one must take depending on how the other parent responds to the initial file of the case.
Related: How to Establish Parentage in California
Steps for Filing a Paternity Case in California
Those who have decided to start a paternity case with the court must follow these steps:
1. Fill Out Court Forms
The first step is to fill out three court forms. The person that fills these forms out, and therefore starting this case, is the petitioner.
- Petition to Establish Parental Relationship (Form FL-200),
- Summons (Uniform Parentage — Petition for Custody and Support) (Form FL-210), and
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
If the petitioner wants the court to make orders about custody and visitation, the petitioner can also fill out a fourth form, the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311). This is an optional form that helps ensure the request is as comprehensive as possible.
2. If in Need of Court Order, Fill Out 1 of These Forms
- Income and Expense Declaration (Form FL-150)
OR - Financial Statement (Simplified) (Form FL-155)
The petitioner should read “Which Financial Form — FL-155 or FL-150?” (Form DV-570) to find out if they can use the simpler Form FL-155.
3. Have the Forms Reviewed
The petitioner should then ask the court’s family law facilitator to review all their paperwork. This facilitator can make sure that everything is filled out properly before the petitioner moves forward with the case. A petitioner can also hire their own lawyer to review papers or get legal advice.
4. Make at Least 2 Copies of All Forms
It is essential to make two copies of all forms. One copy will be for the petitioner, and the other copy will be for the child’s other parent. The court will keep the original copies.
5. File Forms With the Court Clerk
The petitioner should then turn in their forms to the court clerk. The clerk will keep the original and return the copies to the petitioner after they have been stamped “Filed.” One copy is for the petitioner and the other copy is for the other parent. There will be a filing fee that both parents will have to pay. If a parent cannot pay a fee, they may be able to obtain a fee waiver.
6. Serve the Papers on the Other Parent
The petitioner should serve the other parent in person with their copy of the papers and a blank “Response to Petition to Establish Parental Relationship” (Form FL-220) and a blank “Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)” (Form FL-105/GC-120). The respondent should also be given a blank “Income and Expense Declaration” (Form FL-150) if the petitioner is asking for child support.
7. File Proof of Service
Have the server fill out a “Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support)” (Form FL-115) and give it to the petitioner so that it can be filed with the court. The petitioner should make sure to keep a copy for themselves. It is important that the Proof of Service is filled out correctly. If possible, one should have the family law facilitator or their own attorney review it to make sure that it’s filled out correctly.
8. Wait 30 Days for the Other Parent to Respond
The other parent (also called “the respondent”) has 30 days from the date that they were served with the petition to file a response with the court. The next steps will depend on whether or not the respondent files a response in those 30 days.
Obtaining a Paternity Case in California
In filing and obtaining a paternity judgment in California, there are four different paths that one would take. Which path the petitioner takes depends on if the respondent filed a response in 30 days and if both parents have come to an agreement. The first three scenarios are fairly similar, so these will be grouped together when explaining them.
If The Other Parent DID NOT File a Response and There Is NO Agreement
A case in which the other parent did not file a response and there is no agreement between the two parents is considered a “true default” case. In the event of a true default case, the petitioner should fill out these court forms:
- Request to Enter Default (Family Law — Uniform Parentage) (Form FL-165);
- Declaration for Default or Uncontested Judgment (Form FL-230);
- Judgment (Uniform Parentage — Custody and Support) (Form FL-250); and
- Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support) (Form FL-190)
The petitioner should consult a law attorney about other forms related to child support and custody orders. Once these forms have been filled out, the petitioner should follow steps 2-5 that will be detailed further down in the article.
If The Other Parent DID NOT File a Response and There IS an Agreement
A case in which the other parent did not file a response, but there is an agreement between the two parents, is called a “default case with an agreement.” In the event of a default cause with an agreement, the petitioner should fill out these court forms:
- Request to Enter Default (Family Law — Uniform Parentage) (Form FL-165) OR an Appearance,
- Stipulations, and Waivers (Family Law — Uniform Parentage — Custody and Support) (Form FL-130);
- Declaration for Default or Uncontested Judgment (Form FL-230);
- Judgment (Uniform Parentage — Custody and Support) (Form FL-250);
- Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support) (Form FL-190); and
- Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Form FL-235)
- Also attach to the Judgment the written, notarized agreement between both parents agreeing on paternity, child custody and visitation, and child support.
The petitioner should consult a law attorney about other forms related to child support and custody orders. Once these forms have been filled out, the petitioner should follow steps 2-5 that will be detailed further down in the article.
If The Other Parent DID File a Response and There IS an Agreement
A case in which the other parent did file a response and there is an agreement between both parents is called an “uncontested” case. In the event of an uncontested case, the petitioner should fill out these court forms:
- Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (Form FL-240);
- Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Form FL-235);
- Declaration for Default or Uncontested Judgment (Form FL-230);
- Judgment (Uniform Parentage — Custody and Support) (Form FL-250); and
- Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support) (Form FL-190)
The petitioner should consult a law attorney about other forms related to child support and custody orders. Once these forms have been filled out, the petitioner should follow steps 2-5 that will be detailed below.
Steps 2-5 For Above Scenarios
Once the court forms have been filled out for the true default, default with an agreement, or uncontested case, follow the steps below:
2. Have the Forms Reviewed
The petitioner should ask the court’s family law facilitator or their own lawyer to look over the papers and make sure that everything is filled out properly.
3. Make at Least 2 Copies of All Forms
It is essential to make two copies of all forms. One copy will be for the petitioner, and the other copy will be for the child’s other parent. The court will keep the original copies.
4. Turn in All Forms to the Court Clerk
The petitioner should then turn in all forms with the court clerk, along with 2 large envelopes. The envelopes should be addressed to each parent with enough first-class postage for the papers to be mailed back to both parents.
5. Receive Final Judgement
A court clerk will mail the Judgment and Notice of Entry of Judgment to each parent, with the date that the judgment was filed stamped in the upper right corner.
If the Other Parent DID File a Response and There Is NO Agreement
A case in which the other parent did file a response yet there was no agreement between both parents is called a “contested” case. There are many reasons why a case would be contested. Most courts will require contested cases to file and serve forms to obtain a trial date. The petitioner should ask the court clerk what the next steps would be and if there are any other special forms that need to be filled out. If the petitioner and the other parent want help settling their case, they can ask the court clerk or family law facilitator at their local court if there are any mediation programs available.
Contact Us
If you need legal assistance with filing and obtaining a paternity judgment, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!