Wednesday, May 16, 2012

Unmarried Parents (Uniform Parentage Act Case)

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 Application and Order for Appointment of Guardian Ad Litem of Minor (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 on our Child Support 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 Family Law Local Forms and Judicial Council of California - external link.

The forms needed to start the Uniform Parentage Act Case:

Judicial Council Forms

Family Law Local Forms

Please refer to the Uniform Parentage Act Case Instruction Sheet for more information.

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 - external link, 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 - external link.

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 please refer to our Fees page.

NOTICE: If you are unable to pay fees and costs, you may ask the court to permit you to proceed without paying them. Please refer to 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 - external link). You may also download the fee wavier at the Judicial Council - external link 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 - external link.

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 Family 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 - external link, Code of Civil Procedure - external link and the Family Law Local Rules as well as, the California Rules of Court. - external link You can also purchase the Local Rules from the Cashier in Room 100 of the Family Relations Courthouse.