Establishing Parentage/Paternity in California
Just because you are biologically related to your child does not mean you’re their legal parent. Here’s how to establish parentage in California.
To establish parentage/paternity in California, you can sign a voluntary declaration of parentage, contact your local child support agency, or file a parentage case yourself. To file a parentage case, complete and file the petition to establish parentage. Serve your spouse, and wait 30 days for them to respond.
Sign a Voluntary Declaration of Parentage or Paternity
One way for unmarried parents to establish parentage is to sign a voluntary declaration stating that they are the child’s legal parents. A voluntary declaration of parentage can be signed when the child is born. Both parents’ names will be placed on the birth certificate if the declaration is signed at the hospital where the child is born. If the voluntary declaration of parentage is signed after the child is born, a new birth certificate that includes both parents’ names can be issued. Because unmarried mothers automatically have parentage of their child, unmarried fathers usually need to establish paternity. They can do so by signing a voluntary declaration of paternity.
If the declaration of parentage was not signed in the hospital after the child was born, it MUST be signed in front of either a notary or child support agency. After the declaration has been signed, it must be filed with the court.
Establish Parentage Through Your Local Child Support Agency
You can also bring a parentage action through your local child support agency. To begin this process, call your county child support agency and ask for an appointment for a parentage case.
Filing a Parentage Case
To file a parentage case in California, first complete, file, and serve the necessary court forms. File your proofs of service and wait 30 days for the other parent to respond to your service of process. You may need to attend court as well.
1. Complete the court forms
To begin your parentage case, fill out these court forms:
- Petition to Establish Parental Relationship (Form FL-200)
- Summons (Uniform Parentage — Petition for Custody and Support) (Form FL-210)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
If you’re also seeking to establish a child support order, fill out either of these court forms:
- Income and Expense Declaration (Form FL-150) OR
- Financial Statement (Simplified) (Form FL-155)
Talk to an attorney to determine whether you should complete a Form FL-150 or FL-155.
2. Have your forms reviewed by an attorney
It’s crucial that these forms are properly completed and filed, so get them reviewed by a lawyer. An experienced parentage attorney can make sure your petition to establish parentage is properly filled out and filed with the court. Make two copies of each form before you file them with the court; one copied set will be for you, the other copied set will be for the other parent, and the original set will be kept by the court.
3. File your forms
File your forms with the local court clerk. The clerk will stamp all of the forms “Filed”, then hand you back the copied sets and keep the originals. You will likely need to pay a filing fee.
4. Serve the other parent
After you’ve filed your papers, get someone over the age of 18 to serve the copies to the other parent, along with these blank forms:
- Response to Petition to Establish Parental Relationship (Form FL-220)
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
- Income and Expense Declaration (Form FL-150) [if you’re also seeking child support]
For more information about how to complete a service of process in California, click here.
5. File your Proofs of Service
After the service of process has been completed, have the process server fill out:
- Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) (Form FL-115)
Make a copy of the completed form, and file the proof of service with the court clerk.
6. Wait 30 days for the other parent to respond.
The served parent will have 30 days to respond to file a response to the petition with the court. The rest of your case will depend on whether the other parent responds or not. For more information about how to move forward with your parentage case, get your free consultation with one of our California Parentage Attorneys today!
FAQs
How long does a father have to establish paternity in California?
A father can establish paternity at any time before the child reaches 21 years of age. California’s statute requires that fathers file a paternity claim before their child turns 18 or 3 years after the child becomes a legal adult.
How long after a child is born can paternity be established?
In California, paternity can be established until three years after the child turns 18 years of age.
Does signing a birth certificate establish paternity in California?
Parents that sign a voluntary declaration of parentage will have their names placed on the child’s birth certificate.
How is paternity established?
In California, paternity can either be established voluntarily or by the State. Parents can voluntarily establish parentage by signing a declaration. A judge or local child support agency can establish paternity through a parentage case.
What information will my attorney need at my initial appointment for paternity?
At your initial appointment for paternity, your attorney will likely need completed DNA tests or any legal information regarding your parentage case.
Can you dispute paternity after the child is 15 years old in California?
Disputing paternity after you’ve been legally classified as the child’s parent can be very difficult. Paternity suits can be filed anytime until three years after the child turns 18.
Should I get an attorney before knowing the results of a DNA paternity test?
Getting an attorney before you know the results of the DNA paternity test can help you prepare for every outcome.
Can you get attorney fees in a paternity action in California?
Under California Family Code 7640, a judge can award attorney fees in a parentage case.
California’s Uniform Parentage Act allows courts to assign the costs of legal proceedings attributed to determining parentage.
Free Consultation With a California Paternity Attorney
If you want to petition to establish paternity in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal issue. Get your free consultation with one of our California Parentage and Paternity Attorneys today!