Monterey — CI-137

Source: https://www.monterey.courts.ca.gov/system/files/ci-137.pdf

Legal Steps for a Filing a Parentage Case

STEP 1. File Forms

• The petitioner (the person who files the first parentage forms with the court) fills out and files a Petition to Establish Parental Relationship (Form FL-2OO), a Summons (Uniform Parentage – Petition for Custody and Support) (Form FL-210), a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120). • The clerk will stamp and return copies to the petitioner. • The forms needed to start a parentage action, as well as information about filing fees and fee waivers, are available at: http://www.courts.ca.gov/11298.htm and http://www.courts.ca.gov/selfhelp-feewaiver.htm

STEP 2. Serve the Forms

• Someone 18 or older-not the petitioner-serves the other parent (called the respondent) with all the forms from Step 1 plus a blank Response to Petition to Establish Parental Relationship (Form FL-220) and a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL- 105/GC-120) and completes the Proof of Service of Summons (Form FL-115), telling when and how the respondent was served. (To serve means "to give in the proper legal way.") See "Service of Process" at http://www.courts.ca.gov/selfhelp-serving.htm for more information. • The petitioner must wait 30 days after Step 2 is complete before continuing the parentage case. • The respondent has these 30 days to file and serve a Response.

STEP 3. Finish the Parentage Case in One of Four Ways

Respondent does not file a Response Respondent files a Response
(called “default”)
↓ ↓ ↓ ↓

No Response and NO No Response WITH Response AND Response and NO written agreement: written agreement: agreement: agreement: Petitioner waits 30 days Petitioner attaches the Either party files The parties must go to after step 2 is complete signed and notarized Appearance, Stipulations, Court (“trial”) for the and prepares a proposed agreement to the and Waivers (Form FL- Judge to make decisions Judgment (Form FL-250), proposed Judgment 130) and the proposed if they cannot agree. together with all other (Form FL-250), together Judgment (Form FL-250) needed forms. with all other needed with written agreement forms. attached and other needed forms. See “Finish Your Parentage Case” at: http://www.courts.ca.gov/11299.htm for more information about finishing your case.

IMPORTANT NOTICES

• If you need court orders for child support, custody, parenting time (visitation), restraining orders, or other issues before the divorce is final, you can file a Request For Order (Form FL-300) asking for temporary orders. See "Request for Order Information" at http://courts.ca.gov/1185.htm#acc11690 for more information. • You must keep the court and the other party informed of your mailing address. File Notice of Change of Address (Form MC-040) to tell the court if you have moved.

CI-137, Rev. May 17, 2016 LEGAL STEPS FOR FILING A PARENTAGE CASE Monterey County Superior Court

Legal Steps for a Filing a Parentage Case

Ways to resolve parentage cases out of court Where can I get help? You may prefer to resolve some or all of the issues in This information sheet gives you only basic your case without having the court decide for you. information on the parentage case and is not legal You and the other parent can put your agreement in advice. If you want legal advice, ask a lawyer for help. writing and file it in your parentage case. But your You may also: agreement must follow all legal requirements. There are several ways you can get help. • Contact the family law facilitator or self-help center Court Services (free): in your court for information, court forms, and referrals to local legal resources. • Family Court Services. Provides mandatory mediation or child custody recommending • Find a lawyer through your local bar association, counseling to parents who are unable to agree on the State Bar of California at http://calbar.ca.gov, child custody and parenting issues. They cannot help or the State Bar's Lawyer Referral Services at 866- with financial issues. 4422529 (toll-free).

• Family Law Facilitators and Self-Help Centers. Can • Hire a private mediator. Contact your local bar provide samples of agreements and other association, court Alternative Dispute Resolution information and, in some cases, help with mediation. (ADR) program, or Family Court Services for a referral. • Settlement Conferences. An informal process in which a judge or an experienced lawyer meets with • Find information on the California Courts Online the parties and their lawyers to discuss the case and Self-Help Center website: their positions and suggests a resolution. The parties http://www.courts.ca.gov/selfhelp.htm can either agree to that suggestion or use it to help in further negotiations. • Find free and low-cost legal help (if you qualify) at www.lawhelpcalifornia.org Private services (which you can hire to help you resolve your case): • Find information at your local law library or public library. • Lawyers. A professional who can help work out agreements between the parties and represent you at court hearings and trials. What if there is domestic violence or a restraining order? • Mediators. Lawyers or counselors who help the If there is domestic violence or a protective or parties communicate to explore options and reach a restraining order, talk to a lawyer, counselor, or mutually acceptable resolution. mediator before making agreements. • Collaborative Lawyers. Lawyers who represent each For domestic violence help, call the National Domestic party but do not go to court. They try to reach an Violence Hotline: 800-799-7233; TOO: 800-787- agreement. If court is necessary, the parties must 3224; or 211 (if available in your area). hire new lawyers.

For more information about these services, see www.courts.ca.gov/selfhelp-adr.htm

CI-137, Rev. May 17, 2016 LEGAL STEPS FOR FILING A PARENTAGE CASE Monterey County Superior Court