Legal Question in Family Law in California

If you didn't sign the birth certificate, you will have to establish paternity first. Then You need to talk to someone about your particular circumstances so you will know what to expect, especially if mom is not agreeable. I always recommend an attorney where parents cannot agree, because I have seen things get messed up too many times. Having to hire an attorney at that point when things have gone awry is way pricier than if You had just hired one in the first place.

With that warning in mind, if you really have no choice but to go forward on your own, contact your local family law facilitator's office to help You with the paperwork.

To establish paternity, as well as custody and visitation, you need to file a "Petition to Establish Paternal Relationship" The Petiton must be accompanied by several other forms, including the Summons, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA.) In addition, depending on what county you live in, there will be "local forms" that you can find on the court's website. For example, in Orange County, we have a local form called a "Declaration of Related Cases" Be prepared to provide $355.00 for the filing fee; or, you can apply for a fee waiver. You may qualify for a fee waiver, or be able to pay in installments.

The form number are: FL-200, FL-105, FL-210. All these forms are found on a site called "CA Judicial Council Forms." They are mandatory and can be filled out online.

Those documents open the case for you. However, to get some custody orders in place, you and your girlfriend can either agree and stipulate to custody or you will have to have a hearing. To put a hearing on calendar, you need to file an "Order to Show Cause" (FL-300, FL-310, FL-311.) If you're asking for financial orders, you will need to file an FL-150 Income & Expense Declaration.

After you complete all the paperwork, take it to your family law court - clerk's office - and file them. Bring three copies because you will need a copy for 1) the court 2) yourself and 3) a copy to serve on her. Serve her with a blank copy of FL-220 and blank FL-150 and blank FL-320.

The "Order to Show Cause" costs $40.00, unless you have a fee waiver.

If there is an emergency (such as abuse, threat of abduction, etc.) you can go into court "Ex-parte" and have essentially an emergency hearing and be heard that same day. You generally must give your co-parent 24 hour's "notice" the day before by 10:00 a.m. In other words, you have to let her know that you're going to Court and asking for immediate orders. Ex-parte filings cost an additional $40.00

I know this is a maze of paperwork - if you don't hire an attorney, then each court has a "self help" center. The Self Help Center usually has a schedule of classes and may even employ an attorney. You can go there for an appointment or to attend a class and walk through the paperwork.

If you need to have a hearing - for example, if you have safety concerns - remember to fully explain your situation and the facts in your Declaration. Generally the Judge doesn't have any way of knowing what's going on unless you tell him or her.

Good luck!