California Parentage Court Forms

Child Custody, Visitation, and Support for Unwed Parents

    • FL-105: This is an essential document in California family law proceedings involving child custody and visitation. Parents are required to complete this form to provide comprehensive details about their children, including their names, ages, and all residences over the past five years. This information assists the court in establishing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines the appropriate court system for custody decisions.

      The form also includes sections for disclosing any related legal matters, such as previous or ongoing custody cases or restraining orders, and details about any third parties who may also claim custody or visitation rights. This ensures that the court has all necessary information to make informed decisions about the children's welfare and legal jurisdiction.

    • FL-105A: This form serves as an attachment to the Declaration under UCCJEA (form FL-105) and must be used by parents in any parentage cases involving three or more minor children (of both parties) with different residence histories, as the original form only has enough space for two children’s residency information.

    • FL-130: This form is only prepared if both parties file their initial set of paperwork with the court (the Petition and Response). On this form, parents (and their attorneys, if applicable) must indicate whether their case is Contested or Uncontested. In an Uncontested parentage case, both parents ultimately reach an agreement over the issues in their case. In a Contested parentage case, parents cannot reach an agreement on one or more issues and must rely on the court to make these decisions for them over the course of one or more hearings.

    • FL-150: The Income and Expense Declaration is a financial disclosure document that asks both parties for their employment, education, income, and expense information, as well as copies of their 2 most recent tax returns. More specifically, parents must use this form to provide any and all financial information necessary to allow the court to determine each parent’s financial situation, including any education, healthcare, and other hardship costs, so that the court may make appropriate determinations of child support.

    • FL-158: In a California parentage case, the court can order one parent to pay for the other parent’s attorney's fees and costs if it can be reasonably demonstrated (and the parties’ financial circumstances are permitting) that such an order is necessary to uphold one parent’s right to access legal representation. A party may use this attachment form to request payment for attorney’s fees and costs during the RFO process (see the explanation for Request for Order, form FL-300, for more information). This form allows parties to provide information either in support of, or in opposition to, a request for payment of attorney’s fees.

      Family Code section 7640 states, “The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court.”

      When this section of the family code is practically applied in parentage cases, however, a father who seeks to recover his lawyer's fees against his child's mother may not gain much traction unless (1) the mother’s income is disproportionately higher than the father’s, and (2) the mother (or the other father, if the case is between same-sex parents) has unreasonably denied that the father is the child’s biological father to unjustly cut ties between him and the child or otherwise obstruct his parenting time. More commonly, this section will benefit a mother who has sued the father to establish parentage and to begin collecting child support.

    • FL-165: If the Respondent in a parentage case fails to file a Response within 30 days of being served the Petition, the Petitioner can file this form to request that the divorce proceeds by Default. If the case proceeds by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever child custody, visitation, and/or support orders the Petitioner requested in their Petition, within reason.

    • FL-190: This form informs parties (and their attorneys, if applicable) that a Judgment has been signed by a judge or judicial officer and the parentage case’s child custody, visitation, support, and/or other orders have become finalized and enforceable.

    • FL-191: In parentage cases in which child support is ordered, both parents must complete a Child Support Case Registry form. The information on the form will be included in a national database that, among other things, is used to locate absent parents. This form is confidential and will not be filed in the court file. Instead, the form will be maintained in a confidential file with the State of California.

    • FL-192: The Notice of Rights and Responsibilities is an information sheet provided to parents in parentage cases involving child support orders.

    • FL-196: If child support is ordered in a parentage case, the court may issue an earnings assignment order (also known as a ‘wage assignment’ or ‘income withholding’ order). If the parent ordered to pay support is regularly employed, their employer will use the information on this form to make support payments directly out of their paycheck. Most support is paid this way, and federal and state laws require it in almost all child support cases. It is the employer's responsibility to withhold the wages if there is a wage assignment. If the parent ordered to pay support has other wage assignments in place, child support is deducted first, before other withholding orders. Spousal or partner support assignments come after child support wage assignments.

    • FL-200: Form FL-200 is a critical document filed by the initiating party, known as the Petitioner, to start a parentage/paternity case in California. This form outlines the Petitioner's desired orders regarding paternity, child custody, visitation, child support, and other relevant issues such as the reimbursement for pregnancy and childbirth costs, and possible children's name changes.

      The Petitioner must provide detailed information about the children to help the court determine the correct jurisdiction for making custody and support orders, according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

      If the Respondent, or the other parent, does not file a Response (form FL-220) within 30 days of being served, they forfeit their right to contest the Petitioner’s claims, allowing the case to potentially proceed by Default. In such instances, the court may grant the orders requested by the Petitioner without further input from the Respondent.

      The Petition must be properly filed with the court and served on the Respondent, along with any necessary attachments that detail the specific circumstances of the case. This process ensures that all parties are formally notified and given an opportunity to participate in the legal proceedings that will determine their parental rights and responsibilities.

    • FL-210: The Summons is a form that is served onto (given to) the Respondent alongside the Petition (form FL-200, or the Petitioner’s first set of paperwork, which initiates the parentage case when filed with the court). The first page outlines that the Respondent has 30 days to file a Response (form FL-220, or the Respondent’s first set of paperwork). If the Respondent fails to do so, the Petitioner can ask the court to decide the case without the Respondent’s input. This type of parentage case is referred to as proceeding by “Default.”

      The parentage Summons’ second page contains Standard Family Law Restraining Orders, which outline the things neither parent can do without a written agreement or court order. For example, these include such prohibited actions as taking the children out of California or changing the children’s residential address or school district without the other parent’s permission or court order.

    • FL-220: This is the document that the parent who did not initiate the parentage case, also known as the Respondent, must file to request the orders they want. If the Respondent doesn’t file this document with the court within 30 days of being served (given) the Petition, the case may proceed by Default. In cases that proceed by Default, the Respondent gives up their right to provide input in the case, and the judge may grant whichever child custody, visitation, support, and/or other orders the Petitioner requested, within reason.

      The Response is filed with the court and served onto the Petitioner alongside several possible attachments, depending on the case’s circumstances. The form is almost exactly the same as the Petition (form FL-200), with some minor differences in format. As opposed to the Petition, on which the Petitioner requests the orders they want, the Response includes additional space in which the Respondent can explain why they disagree with the Petitioner’s requests, if applicable.

    • FL-230: In any parentage case that is not Contested, parents must file this form to tell the court whether their case is Uncontested or proceeding by Default. In an Uncontested parentage case, both parents file their initial court forms (the Petition and Response) and ultimately reach an agreement over the issues in their case. In a Default parentage case, the Respondent fails to file a Response and gives up their right to provide input in the case.

      This form also affirms which attachments are filed alongside the Judgment (form FL-250). In other words, the form serves as a checklist of all the final orders/issues covered in a given case, and it is also used by the court to ensure that there are no appeals to the Judgment.

    • FL-235: This form serves as a notification of an individual’s rights in a parentage case. For a Judgment to be signed by a judge, parties must sign this form and attach it to the Judgment as an acknowledgment that they understand their rights and the consequences of waiving them through certain actions.

    • FL-240: Parties with a stipulation (i.e., an agreement on some or all issues in a case) must use this form to indicate which attachments are used in their stipulated Judgment.

    • FL-250: The Judgment is the last set of forms in the parentage process. Once signed by a judge or judicial officer, the Judgment and its attachments serve as the court’s official and enforceable orders by which the parents must abide. These orders can include such issues as paternity, payment of attorney’s fees and costs, child custody and visitation, child support, children’s name changes, and reimbursement for the reasonable expenses of pregnancy and birth.

      If parents come to a written agreement (aka, a stipulation) over issues in their case, they must attach it to the Judgment and get a judge’s signature for the stipulation to become part of the parties’ official court orders.

    • FL-300: The Request for Order (RFO) can be used to either request temporary orders or request to change or end official court orders.

      Requesting Temporary Orders:

      Because parentage cases vary in length, one or both parents may wish to request temporary child custody, visitation, and/or support orders that will take effect until the case if finalized. This is done by filing a Request for Order (RFO) with the court.

      Once a party files an RFO, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the judge signs off on temporary child custody, visitation, and/or support orders, the temporary orders will take effect immediately and remain in effect until the conclusion of the case or until another RFO is filed to amend (change) the orders.

      For example, if parents cannot agree on a parenting schedule and cannot wait until their case is finalized for an enforceable visitation order, they can request that the court issue temporary child custody and visitation orders by filing an RFO.

      Requesting to Change or End orders

      To change or end an official court order during or after a parentage case, a parent must use the RFO form to outline which changes they are requesting, as well as the reasons justifying their request (i.e., an explanation of why the court should change or end the order).

      Once a party files an RFO, a hearing will generally be set within 20 days, during which the judge will rule on the issues requested in the RFO and Responsive Declaration to the RFO (if the other party completes one). If the court signs off on the requested amendments, the new orders will take effect immediately and remain in effect until another RFO is filed to amend (change) the orders or they expire on the basis of other legal grounds (for example, child support orders end once a child reaches the age of 18 or graduates high school).

      For example, if a parent that was ordered to pay child support lost their job, they would have to file an RFO to request a decrease in the amount of child support they are legally obligated to pay each month. This is important to note as support orders’ specific payment amounts will remain in effect regardless of external factors unless a party files an RFO.

    • FL-303: (See the explanation for Temporary Emergency (Ex Parte) Orders, Form FL-305 below, for more information about the “ex parte” process.) After making emergency orders, the court will schedule a regular hearing to consider whether the orders should be extended beyond the temporary period. The other parent must be told about that later hearing, and they have the right to be at that hearing. Informing the other parent of this hearing is called “giving notice,” and this form serves as proof that either the other parent was served and provided proper notice of the hearing, or that an attempt was made to provide notice, but failed for legitimate reasons.

    • FL-305: Sometimes, if a parent can show that there is a risk that their child will be harmed or removed from the state of California if the court does not do something that day or within a few days, the parent can ask the court to make temporary child custody orders on an emergency basis.

      These emergency orders are also called “ex parte orders,” and they will only be in place for a short time. Emergency orders requested through ex parte hearings are typically decided same day or the day following. After making emergency orders, the court will schedule a regular hearing to consider whether the orders should be extended beyond the temporary period. The other parent must be told about that later hearing, and he or she has the right to be at that hearing.

      It is extremely hard to get temporary orders. The parent filing the request must prove to the court that it must make orders to help prevent harm to or the abduction of a child.

    • FL-306: This form allows a party to request that the court reschedule (push back) a scheduled court hearing to a later date. This process is called requesting a continuance. Either party may request a continuance for reasons they must specify on the form.

    • FL-307: This form allows a party to request that the court reschedule (push back) a scheduled court hearing involving Temporary Emergency Orders to a later date. See the explanation under Temporary Emergency (Ex Parte) Orders above (form FL-305) for more information regarding emergency orders. This process is called requesting a continuance. Either party may request a continuance for reasons they must specify on the form.

    • FL-308: If both parties in a parentage case can agree to reschedule a hearing, they (or their attorneys, if applicable) may both sign this form to request that the court reschedule a hearing for a later date.

    • FL-309: This form is the official order on the Request to Reschedule Hearing (form FL-306) or Request to Reschedule Hearing Involving Temporary Emergency Orders (form FL-307) above. The court may use this document to issue a continuance (i.e., push back the hearing) or reaffirm the court date (i.e., deny the request to push back the hearing). Additionally, the court must use this form to indicate the reasons why it is granting or denying the request for a continuance.

    • FL-311: Parents that separate need to agree between themselves, or have a court decide and order who the children will live with (physical custody), how and when each parent will spend time with their children (visitation), and how parenting decisions will be made for their children (legal custody). This is the essence of child custody and visitation. Our packages provide an overview of child custody and visitation and the possible orders that can be requested, but at a basic level:

      Child Custody refers to the rights and responsibilities of parents for taking care of their children.

      Visitation (aka parenting time) refers to how and when each parent will spend time with the children.

      Parties in a parentage case can use this attachment form to request and outline their preferred child custody and visitation orders.

    • FL-312: If a party in a parentage case believes that there is a risk that the other parent will take their children out of California without permission and hide them, they can use this form to request a variety of child abduction prevention orders, which range from restricting travel to ordering parents to turn in and not apply for important travel documents.

    • FL-319: In a California parentage case, the court can order one parent to pay for the other parent’s attorney's fees and costs if it can be reasonably demonstrated (and the individual's financial circumstances permit) that such an order is necessary to uphold one parent’s right to access legal representation. A party may use this attachment form to request payment for attorney’s fees and costs during the RFO process (see FL-300 explanation). This form allows parties to provide information either in support of or in opposition to, a request for payment of attorney’s fees.

      Family Code section 7640 states, “The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by the court.” When this section of the family code is practically applied in parentage cases, however, a man who seeks to recover his lawyer's fees against his child's mother may not gain much traction unless (1) her income is disproportionately higher than his, and (2) she has unreasonably denied that the father is the child’s biological father to unjustly cut ties between him and the child or otherwise obstruct his parenting time. More commonly, this section will benefit a mother who has sued the father to establish parentage, probably in order to begin collecting child support.

    • FL-320: If one parent files a Request for Order (form FL-300) to either request temporary orders or requests to change or end official court orders, the other parent must file this Responsive Declaration in support of, or in opposition to, the requests made in the RFO.

    • FL-321: If a party in a parentage case files a Request for Order (see FL-300), both parties in a trial have the right to present evidence and witnesses in their own defense and confront and cross-examine the witnesses against them. In other words, both parents are entitled to bring witnesses to testify at the time of the hearing or trial. This form asks for the names and brief descriptions of each witness’ testimony.

    • FL-330: In a parentage case, a party files this form with the court to prove that their court forms were personally served onto (given to) the other parent according to California law. Per the California Code of Civil Procedure, the server can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or the other parent), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served. The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

    • FL-335: In a parentage case, a party files this form with the court to prove that their court forms were served, by mail, to the other party according to California law. Per the California Code of Civil Procedure, the server (i.e. the person named on the envelope and who mails the forms) can be anyone over the age of 18 who is not a party to the case (i.e., NOT you or the other parent), such as a professional process server, family member, friend, or acquaintance. The server must fill out and sign this form. More specifically, the server must list the date, time, and address at which the other party was served (this refers to the time that the court forms were mailed). The server must also provide their contact information in case the court needs to verify the information they provided about how and when the service happened.

    • FL-341: This form outlines parents’ official child custody and visitation orders when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-250), or Stipulation and Order for Custody and/or Visitation (form FL-355).

    • FL-341A: This form outlines parents’ official supervised visitation orders when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-250), or Stipulation and Order for Custody and/or Visitation (form FL-355).

      In parentage cases, supervised visitation is most often ordered when a parent is determined to present a risk to the children’s safety or well-being, warranting the presence of a third party to supervise visits with the other parent. This third party can be the other parent, another adult (such as a friend or relative), or a professional monitor. Supervised visitation is also used in reunification situations where a parent and the children have not seen each other for quite some.

    • FL-341B: This form outlines parents’ official child abduction prevention orders (see Request for Child Abduction Prevention Orders, form FL-312, for more information) when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-250), or Stipulation and Order for Custody and/or Visitation (form FL-355).

    • FL-341C: Parties in a parentage case can use this attachment form to outline holiday and vacation schedules and limitations as a part of their larger custody and visitation arrangement (aka, the parenting plan).

    • FL-341D: Parties in a parentage case can use this attachment form to request additional physical custody provisions as a part of their larger custody and visitation arrangement (aka, parenting plan). For example, these provisions concern issues such as guidelines for securing child care canceled visitation and limitations on contact and appropriate behavior around the children.

    • FL-341E: Parties in a parentage case can use this attachment form to request additional legal custody provisions as a part of their larger custody and visitation arrangement (aka, the parenting plan). For example, these provisions concern issues such as special decision-making designations, healthcare, and school notifications, and the consequences imposed if a parent doesn't obtain the consent of the other in making a major decision.

    • FL-342: This form outlines parties’ official child support orders when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-250), or Stipulation and Order for Custody and/or Visitation (form FL-355).

      In a parentage case, child support is the amount of money that a court orders one or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses.

    • FL-346: This form outlines parties’ official orders for attorney’s fees and costs when used as an attachment to the Findings and Order After Hearing (form FL-340), Judgment (form FL-250), or Stipulation and Order for Custody and/or Visitation (form FL-355). In a California parentage case, the court can order one parent to pay for the other parent’s attorney's fees and costs if it can be reasonably demonstrated (and the individual's financial circumstances are permitting) that such an order is necessary to uphold one parent’s right to access legal representation. See the explanation for the Request for Attorney’s Fees and Costs Attachment (form FL-319) for more information on requesting attorney’s fees and costs.

    • FL-350: If parties in a parentage case can come to an agreement (aka, a stipulation) regarding child support, they may use this form to establish or change child support orders in their case. Parents must disclose their financial information, the agreed-upon amounts for support, and other related orders concerning payments.

      More specifically, the form requires parties to list the stipulated monthly payment amounts, including additional expenses. These additional costs may include the following:

      Reasonable uninsured healthcare costs

      Childcare related to a job or job training

      Educational costs for the child

      Costs for other special needs of the child

      Travel expenses for visitation

      The monthly contribution amount can either be: (1) a percentage of the supporting party’s income or (2) a specific monetary value. Healthcare costs such as insurance are also accounted for. If support amounts are modified from the initial agreement, a party must each read and attach the Notice of Rights and Responsibilities: Health-Care Costs and Reimbursement Procedures (form FL-192).

    • FW-001: The fee to file a Family Law Petition in California is $435 ($450 in San Francisco County). If a party does not have enough income to pay for their household's basic needs AND the court fees, they may ask the court to do one or more of the following:

      Waive all court fees and costs

      Waive some of the court fees

      Let them make payments over time

      Note that although anyone may file a request to waive court fees, there is no guarantee that the judge or judicial officer will grant the fee waiver application. The court takes into account several factors when evaluating whether to grant a fee waiver request. For example, parties that receive any of the following types of public assistance automatically qualify for a fee waiver:

      Food Stamps, Medi-Cal, County Relief/General Assistance, Supplemental Security Income, State Supplementary Payment, Unemployment, In-Home Supportive Services Program, California Work Opportunity and Responsibility to Kids, California Tribal Temporary Assistance for Needy Families Program, or Cash Assistance Program for Immigrants.

      Additionally, parties whose household income is below a certain income threshold set by the court will also automatically qualify. If a party does not meet either factor, a judge or judicial officer may still grant a fee waiver if the party can demonstrate an inability to pay for their court fees AND household needs.

    • FW-003: This form serves as the official court order on a Request to Waive Court Fees (fee waiver). For more information about fee waivers, see the explanation for the Request to Waive Court Fees (form FW-001) above.