How to Establish Custody for Children of Unmarried Parents in California
Obtain the appropriate form from the Superior Courts of California to open a family law case., Fill out the forms., Make at least two copies of all of your completed forms., File your forms in the appropriate court., Serve the other parent., Fill...
Step-by-Step Guide
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Step 1: Obtain the appropriate form from the Superior Courts of California to open a family law case.
The state's petition for custody and support of minor children is available for unmarried parents who have signed a voluntary declaration of paternity, have legally adopted a child together, or have been determined parents of the child in connection to another legal proceeding.You will need a petition for custody and support of minor children, a summons, and a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
You can find these forms online or at your local superior court.
If you go online, you can fill out the form directly in your browser and save it or print it.
However, if you use this option, make sure you clear the form before you leave so no one else can see the information you entered.
Forms can be found at the following links: http://www.courts.ca.gov/documents/fl260.pdf, http://www.courts.ca.gov/documents/fl210.pdf, http://www.courts.ca.gov/documents/fl105.pdf -
Step 2: Fill out the forms.
Fill out all the required forms completely.
If you have any questions, talk to your county court's family law facilitator or contact the self-help center at http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm.
A child custody and visitation application attachment form is optional.
You aren't required to file it with the court, but you can use it as a checklist to make sure you don't leave anything out of your request., You'll be giving the original to the court.
You'll need a copy to give to the child's other parent and a copy to keep for yourself., You will have to pay a filing fee of several hundred dollarsto file your petition and have it considered by a judge.If you cannot afford the filing fee, you can fill out a form requesting a fee waiver.
Filing fees are waived for low-income litigants such as those already receiving public benefits including food stamps or SSI., Someone over 18 must give the papers you filed to the other parent along with a blank response form and a blank declaration.
These forms can be found here: http://www.courts.ca.gov/documents/fl270.pdf and http://www.courts.ca.gov/documents/fl105.pdf UCCJEA.
You cannot serve the forms yourself.
If necessary, you can hire a private process serving company or contact the sheriff's department about completing the service of process.
If you go that route you'll be charged a fee.
Make sure the server fills out the proof of service form for you so you can file it at the clerk's office before the date of your hearing., Now that you've completed the steps to open a family law case, you can make a request for custody and visitation., As with your petition and related forms, you'll need to make a copy for yourself as well as one for the other parent, and file the original with the court., You will have to pay another filing fee, or ask for a fee waiver as you did when you filed your petition.
The clerk will schedule either mediation or a court date.Some courts require parents in custody proceedings to attend mediation and try to agree on a parenting plan before having a formal hearing in court.
Some courts also require parents to attend an orientation before mediation.
The orientation is a class where parents are taught the aspects of a parenting plan and basic court procedures., Following the same process as when you got someone to serve the petition, you'll need to get the other parent served with these forms along with a blank responsive declaration., A trained mediator may be able to help you and the other parent come up with an agreed parenting plan.
If this happens, the mediator will help you write it up and the judge will sign it, making it a final order.Mediation is a less formal process than a court hearing.
The mediator will meet with each parent individually or with both of you together and ask questions about your history, relationship, and the child's relationship.
The mediator's goal is for the parents to work together to arrive at a parenting plan that represents the best interests of the child., If you don't reach an agreement during mediation, you'll have to present your case to the judge.
Before your hearing, read all of your court papers and make sure you understand them.
You'll need to bring copies of these papers with you to your hearing as well as any evidence you want to present regarding the custody of your child.
Evidence you bring may include photographs or documents relevant to the case or the child's development.
You also may bring witnesses to testify to the best interests of the child.After the hearing, the judge will make a decision and sign the order.
Court staff may prepare the order, or you may be asked to fill out the order for the judge to sign. -
Step 3: Make at least two copies of all of your completed forms.
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Step 4: File your forms in the appropriate court.
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Step 5: Serve the other parent.
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Step 6: Fill out a request for order and a child custody and visitation application attachment.
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Step 7: Make at least two copies of the completed forms.
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Step 8: File your forms in the same court where your filed your petition.
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Step 9: Serve the other parent.
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Step 10: Attend mediation.
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Step 11: Attend your hearing.
Detailed Guide
The state's petition for custody and support of minor children is available for unmarried parents who have signed a voluntary declaration of paternity, have legally adopted a child together, or have been determined parents of the child in connection to another legal proceeding.You will need a petition for custody and support of minor children, a summons, and a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
You can find these forms online or at your local superior court.
If you go online, you can fill out the form directly in your browser and save it or print it.
However, if you use this option, make sure you clear the form before you leave so no one else can see the information you entered.
Forms can be found at the following links: http://www.courts.ca.gov/documents/fl260.pdf, http://www.courts.ca.gov/documents/fl210.pdf, http://www.courts.ca.gov/documents/fl105.pdf
Fill out all the required forms completely.
If you have any questions, talk to your county court's family law facilitator or contact the self-help center at http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm.
A child custody and visitation application attachment form is optional.
You aren't required to file it with the court, but you can use it as a checklist to make sure you don't leave anything out of your request., You'll be giving the original to the court.
You'll need a copy to give to the child's other parent and a copy to keep for yourself., You will have to pay a filing fee of several hundred dollarsto file your petition and have it considered by a judge.If you cannot afford the filing fee, you can fill out a form requesting a fee waiver.
Filing fees are waived for low-income litigants such as those already receiving public benefits including food stamps or SSI., Someone over 18 must give the papers you filed to the other parent along with a blank response form and a blank declaration.
These forms can be found here: http://www.courts.ca.gov/documents/fl270.pdf and http://www.courts.ca.gov/documents/fl105.pdf UCCJEA.
You cannot serve the forms yourself.
If necessary, you can hire a private process serving company or contact the sheriff's department about completing the service of process.
If you go that route you'll be charged a fee.
Make sure the server fills out the proof of service form for you so you can file it at the clerk's office before the date of your hearing., Now that you've completed the steps to open a family law case, you can make a request for custody and visitation., As with your petition and related forms, you'll need to make a copy for yourself as well as one for the other parent, and file the original with the court., You will have to pay another filing fee, or ask for a fee waiver as you did when you filed your petition.
The clerk will schedule either mediation or a court date.Some courts require parents in custody proceedings to attend mediation and try to agree on a parenting plan before having a formal hearing in court.
Some courts also require parents to attend an orientation before mediation.
The orientation is a class where parents are taught the aspects of a parenting plan and basic court procedures., Following the same process as when you got someone to serve the petition, you'll need to get the other parent served with these forms along with a blank responsive declaration., A trained mediator may be able to help you and the other parent come up with an agreed parenting plan.
If this happens, the mediator will help you write it up and the judge will sign it, making it a final order.Mediation is a less formal process than a court hearing.
The mediator will meet with each parent individually or with both of you together and ask questions about your history, relationship, and the child's relationship.
The mediator's goal is for the parents to work together to arrive at a parenting plan that represents the best interests of the child., If you don't reach an agreement during mediation, you'll have to present your case to the judge.
Before your hearing, read all of your court papers and make sure you understand them.
You'll need to bring copies of these papers with you to your hearing as well as any evidence you want to present regarding the custody of your child.
Evidence you bring may include photographs or documents relevant to the case or the child's development.
You also may bring witnesses to testify to the best interests of the child.After the hearing, the judge will make a decision and sign the order.
Court staff may prepare the order, or you may be asked to fill out the order for the judge to sign.
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Jean Alvarez
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