General Information
To officially establish a
parent-child relationship between a child (or children) and unmarried
parents a case may be filed under Uniform Parentage Act. Once
parentage is established, the court may make orders for child support,
health insurance, child custody, visitation, name change, reimbursement
of pregnancy and birth expenses, and restraining orders.
Establishing parentage is also used to secure benefits, such as social security, veteran's, and
inheritance rights.
Starting Your Case in the Proper Place
You need to be sure that you start your case in the correct
county. You may hear this referred to as the county of
"proper venue." A paternity action should be started in
the county in which the child resides or is found.
Avoiding Multiple Case Filings
If a case is already pending in another county regarding the paternity of
your child or with the local Child
Support Agency, it is recommended that you seek assistance from your
local Family Law Facilitator's Office.
Minor Parents Need Adult Help With Forms
If you are under the age of 18, you will need to have someone
appointed to sign court documents for you. This person is called a
Guardian Ad Litem (see Judicial
Council of California Form FL-935). This is necessary for minors to start a case as
well as to respond to one.
Obtaining/Modifying Support
For obtaining and/or modifying support information, please review the
information in
the Child
Support web page.
Forms
A Uniform Parentage Act packet is available free of charge at the
Cashier's Window at the William
R. Ridgeway Family Relations Courthouse, Room 100, or you may
download the necessary forms from the Local
Forms page and the web site for Judicial
Council of California.
The forms needed to start the Uniform Parentage Act Case:
Filing Documents and Filing Fees
Family Law documents may be filed in person or by mail. The court
will not set hearings over the phone. Documents submitted through
the mail will be assigned a hearing date according to the statute
requirements and the availability of the Family Law calendars. The
court strongly recommends that you appear to file any Restraining Order.
Please be advised of the following when filing documents by mail:
- Pleadings will not be filed unless they comply with
California Rules of Court, rule 2.100, which require that all documents
presented for filing must be legible and either typed or printed.
- No conformed copies of documents filed with the Family Law Court
will be returned by mail unless a self-addressed stamped envelope,
with sufficient postage, is provided.
- All papers presented for filing must be pre-punched in the
standard two-hole position
at the top of the document and provided in triplicate.
- Documents submitted for filing without the total fee due will be
returned unfiled.
- Filings paid with checks that are returned for non-sufficient
funds will be void if not paid by cash or certified check/money
order within 20 days of notification. (Code
of Civil Procedure, section 411.20).
There are fax filing agencies that are approved to submit papers to
the court through the use of a fax if you unable to personally appear.
For information on Family Law Filing Fees or please see our web page
on
fees.
NOTICE: If you are unable to pay fees and costs, you may ask
the court to permit you to proceed without paying them. Check our
page on
Fee Waivers and/or ask the Family Law filing clerk for the
Informational Sheet on Waiver of Court Fees and Costs and Application
for Waiver of Court Fees and Costs (Pursuant to
California Rules of Court, rule 3.50-3.63).
You may also download the fee wavier at the
Judicial
Council web site.
Confidentiality of Uniform Parentage Act Cases
Confidentiality of Hearings and Records:
A hearing or trial regarding Uniform Parentage Act Cases (UPA) may
be held in a closed court without admittance of any person other than
those necessary to the action or proceeding. Please contact the
bailiff in the department your case will be heard when you arrive in the
courtroom if you wish a closed court hearing.
All papers and records, other than the final judgment,
pertaining to the UPA action or UPA proceeding are subject to
inspection only by the parties to the action and their attorney(s) of
record pursuant to Family Code
7643.
Representing Yourself
If you decide to represent yourself, it may be helpful to drop by the
Self-Help
Center, Room 113, inside the William
R. Ridgeway Relations Courthouse at 3341 Power Inn Road. The Self-Help
Center offers free services to help you represent yourself in both
Family Law and Probate court matters. Inside he center houses the Family
Law Facilitator's Office, the Family Law and Probate legal clinics
sponsored by the Voluntary Legal Services Program, and a community
resources information and referral service. At the center, staff
and volunteers assist you in filling out forms and provide information
about legal procedures. These services are available free of
charge.
If you have decided to represent yourself, you have taken on the
responsibility of knowing the procedures and timelines relating to your
paperwork and appearances in court. The Self-Help Center in Room 113 is available to provide this
information to you. You may also learn about the rules you must
follow in the Family Code,
Code of Civil Procedure and
the Family Law Local
Rules as well as, the
California Rules of
Court. You can find those resources, as well as guide books
to assist you, at the Law
Library in Room 112 of the Family Relations Courthouse. You
can also purchase the Local
Rules from the Cashier in Room 100 of the Family
Relations Courthouse.
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