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California Parentage (Paternity) - General Information:

"Establishing parentage" means saying who the legal parents of a child are if the parents were not married when the child was born.

If the parents were married when the child was born, the law usually considers the husband to be the father.

After January 1, 2005, if parents are registered domestic partners when a child is born, the law assumes that the domestic partners are parents. However, since this law is new and unsettled, same sex parents should get legal advice to make sure that the parentage is clear.

Parents who are not married when a child is born can sign a Voluntary Declaration of Paternity before they leave the hospital, or after. When people who are not married can't agree about parentage, the court can order genetic testing.

Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support or custody and visitation as part of a case that establishes the parentage of a child.

How To Establish Parentage (Paternity):

You can establish the parentage of a child if you:
  • Sign a Voluntary Declaration of Paternity
  • Ask Your Local Child Support Agency to Establish Parentage
  • Go to Court to Establish Parentage Yourself
Voluntary Declaration Of Paternity: When both unmarried parents sign a Declaration of Paternity, it means they are the legal parents of the child. Signing a Declaration of Paternity is voluntary.

The parents can sign a declaration at the hospital or can get forms at their county's

  • Local child support agency,
  • Registrar of births, or
  • Family law facilitator's office.

Click Here for a sample form.

If the parents sign at the hospital, the father's name will go on the child's birth certificate, and the mother does not need to go to court to prove who the father of the child is.

If they sign the declaration after the child's birth certificate has been issued, a new birth certificate can be issued with the father's name.

After a signed Declaration of Paternity is filed with the court, the judge can make orders for custody, visitation, and support. Click here for help getting a custody/visitation order. Click here for help getting a support order.

Child Support Agency Action: Your local child support agency can bring an action to establish the parentage of your child. As part of this action, they will ask for a child support order. This service is free.

Your local child support agency is part of the state Department of Child Support Services. Every county has a local child support agency. The local agencies and the department help parents support and provide health insurance for their children.

To begin the process, call them and ask for an appointment to open a case for parentage and support. Click here to find the local child support agency in your county.

Click here to learn more about your local child support agency and the Department of Child Support Services.

Go To Court Yoursesf: If you want to handle your own case to establish parentage, you will need to fill out, serve, and file several court forms. You may also need to have a trial before a judge.

Parentage (Paternity) Forms:

Description Form
Summons (Uniform Parentage-Petition for Custody and Support) FL-210
Petition to Establish Parental Relationship (Uniform Parentage) FL-200
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105/GC-120
Response to Petition to Establish Parental Relationship (Uniform Parentage) FL-220
Income and Expense Declaration (Family Law) FL-150
Financial Statement (Simplified)
FL-155
Stipulation for Entry of Judgment Re: Establishment Parental Relationship (Uniform Parentage FL-240
Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Uniform Parentage) FL-235
Declaration for Default or Uncontested Judgment (Uniform Parentage-Custody and Support) FL-230
Judgment (Uniform Parentage-Custody and Support) FL-250
Proof of Service of Summons (Family Law, Uniform Parentage, Custody and Support) FL-115
Notice And Acknowledgment Of Receipt FL-117
Request to Enter Default (Family Law-Uniform Parentage) FL-165
Child Custody and Visitation Order Attachment FL-341
Child Support Information and Order Attachment FL-342
Notice of Rights and Responsibilities - Health Care Costs and Reimbursement Procedures and Information Sheet on Changing a Child Support Order
FL-192
Child Support Case Registry Form FL-191
Earnings Assignment Order For Spousal or Partner Support (Family Law) FL-435
Order/Notice to Withhold Income for Child Support FL-195/OMB 0970-0154
Stipulation to Establish or Modify Child Support and Order FL-350
Notice of Entry of Judgment (Family Law-Uniform Parentage-Custody and Support) FL-190

- Gene Kinsey

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