STARTING A UNIFORM PARENTAGE ACT CASE · PDF fileSuperior Court of California, County of Sacramento Family Law Facilitator’s Office Page 1 of 9 05/23/17 STARTING A UNIFORM PARENTAGE

Superior Court of California, County of Sacramento Family Law Facilitator’s Office

Page 1 of 9 05/23/17

STARTING A UNIFORM PARENTAGE ACT CASE

THE PURPOSE OF A PARENTAGE CASE

The Uniform Parentage Act case, which we will call the parentage case, is used to officially establish a parent-child relationship (Parentage) between a child (or children) and a parent. 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 important in order to secure for the child certain benefits, such as social security, veteran’s benefits, and inheritance rights.

The parent with whom the child is living does not automatically have custody rights by merely starting a case. Preparing and filing the forms is only the beginning of the process to obtain court orders. Parentage must be confirmed by one or both parents or be determined by testing. Only then can custody, visitation and support issues be addressed.

BEFORE YOU START

1. Starting Your Case in the Proper PlaceYou need to be sure that you start your case in the correct county. To start a parentage action in Sacramento County, your child must have been a resident of California for the past six months and must currently reside in Sacramento County. If you are not sure whether the child’s residence is here, you can start the case here -- but the judge may decide later that another county or state should handle the case. Speak to a private attorney or visit the Family Law Facilitator's Office if you are not sure where to file.

2. Avoiding Multiple Case Filings If anyone has started another case regarding the parentage of your child, including a child support case started by the County, you may not need to open a new case. Consult with an attorney or the Self Help Center before proceeding.

3. Minor Parents If you are under the age of 18 and you would like an adult appointed to sign court documents for you, you will have to make a formal request to the Court. This person is called a Guardian Ad Litem. A Guardian Ad Litem can be appointed by the court to assist a minor to start a case as

IMPORTANT—PLEASE READ: If you and the other parent of your child have signed a Voluntary Declaration of Paternity, you will need a copy of it before you complete these forms. If you do not have a copy of your Voluntary Declaration of Paternity, call 1-866-249-0773 to request a duplicate copy.


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well as to respond to one. Speak to a private attorney or visit the Self Help Center if you would like to ask the court to appoint a Guardian Ad Litem for you. A Guardian Ad Litem is not required.

COMPLETING THE INITIAL FORMS You will need the following forms:

Ø Summons, form FL-210 Ø Petition to Establish Parental Relationship, form FL-200 Ø Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, form FL-105 Ø Family Law Case Participant Enrollment Form, local form FL/E-LP-660

You will find the name of these and other documents at the bottom center of the document and the form number in the upper right hand corner of the document.

COMPLETING THE SUMMONS, FL-210 The Summons notifies the other parent that a case has been started and that he or she has 30 days from the date of service to file a Response.

At the top of the page, print the full name (including first, middle, and last name) of the other parent next to the words “Notice to Respondent.” Below that, print your full name next to the words “Petitioner is.”

Item 1. The name and address of the court may appear in this space. If not, please print the following information:

Sacramento Superior Court Family Relations Courthouse 3341 Power Inn Road Sacramento 95826

Item 2. Print your full name, mailing address, telephone number and email address. This address will be used by the Court and all other parties to the case to send legal notices and copies of documents filed with the Court. If you would like to change the address where forms and notices are sent, you must file a Notice of Change of Address or Other Contact Information, form MC-040.

Box a. After the statement “Notice to the person served,” “As an individual” should be checked. Do not date the form. The court will do so when you file your papers.

Read the “Standard Restraining Order” on the back of the Summons. This Restraining Order applies to both you and the other parent. It applies to you when the forms are filed and they apply to other parent once they have been properly served.


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COMPLETING THE PETITION TO ESTABLISH PARENTAL RELATIONSHIP, FL-200

The Section at the top of the form is called the “caption” and must be completed before forms can be filed. It is helpful if you use middle initials or full middle name and suffix, e.g., Jr., II, or III when completing the forms.

In the top left box of the caption, print your full name, full mailing address, telephone number with area code and email address. In the space next to where it says "ATTORNEY FOR" print the words “Self.” This lets the other party and the Court know that you are acting as your own attorney in this case.

In the second box down on the left side of the caption, the Court’s name and address may already appear. If not, please print the following information starting right after where it says “Superior Court of California, County of”:

Sacramento 3341 Power Inn Road, Room 100 Sacramento, California 95826 Family Relations Courthouse

In the third box next to the word “Petitioner” print your full name and print the other parent’s full name next to the word “Respondent.” Throughout this case, you will be called the Petitioner and the other parent will be called the Respondent.

In the fourth box, check the boxes for the type of orders you would like the court to make. There is no need to check a box to determine parentage since that must be done automatically.

Item 1. You are the Petitioner, so check the box to indicate whether you are the (a) mother, (b) father, or (c) child or personal representative of the child. If you are none of these speak to a private attorney or visit the Family Law Facilitator's office for assistance.

Item 2(a). Print the complete name, birthdate, age, and sex for the children of your relationship with the other party in this case. Be sure that the spelling of the child’s name is identical to that on the birth certificate.

Check Box 2(b) if the child is not yet born.

Item 3. Check Box 3(a) if the other parent lives in California. Check Box 3(b) if a child in this case was conceived in California. It may be appropriate to check both boxes. If neither applies, this court may be prevented from making some orders in your case. Seek legal assistance if you cannot check Box 3(a) or 3(b).

Item 4. Check Box 4(a) if a child in this case lives or is found in this county. If the other parent is deceased, you may check Box 4(b) if there is a probate case for the deceased parent’s estate in Sacramento county.


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Item 5. Check Box 5(a) or 5(b) to indicate whether the other parent (the Respondent) is (a) the child’s mother or (b) the father.

Check Box 5(c) if both parents have signed a Voluntary Declaration of Paternity form for the child. This form is important because it establishes parentage, allowing you to obtain custody, support and other orders without delay. If you and the other parent have signed this form, attach a copy of the Voluntary Declaration of Paternity form to this Petition. If you do not have a copy of your Voluntary Declaration of Paternity, you may request a duplicate copy by calling the Paternity Opportunity Program at 1-866-249-0773.

Check Box 5(d) if you believe the other parent has not financially supported the child.

Check Box 5(e) if you want the other parent to pay part of the costs of pregnancy and birth. Print your name and the expenses you have incurred. Do not include any costs paid by insurance or incurred since the child was born.

Check Box 5(f) if you believe that CalWorks (TANF) funds are being provided for the child.

In the bar at the top of page 2, print your name next to “Petitioner” and print the other parent’s name next to “Respondent.”

Item 7 relates to parentage of the child and is where you state what you would like the court to order. Check Box 7(a) and 7(b) if you want the court to determine that you and the Respondent are both the parents of the child. If you are not sure of the child’s parentage, you may check Box 7(c) and print “Paternity testing is needed to determine parentage.”

Item 8 deals with child custody and visitation. When completing this portion of the form, try to focus on what is best for your child and set aside your differences with the other parent. Describe the plan you would like to have, even if that is not what is happening now. Before you propose a custody arrangement, you may want to seek legal advice about the effects of the plan on your ability to relocate with the child, your tax filing status and other important matters.

Item 8(a), Legal custody. Legal custody determines which parent will make decisions concerning the child’s health, safety, education and welfare. One parent can make these decisions alone, which is known as sole legal custody, or both parents can have the right to make these decisions, known as joint legal custody. Check the appropriate box to indicate what type of legal custody you would like the court to order.

Item 8(b), Physical custody. Physical custody determines where the child will reside. Sole physical custody means the child lives with one parent and may or may not visit the other parent. Joint physical custody means the child resides with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the “primary custodial parent” for tax and other purposes. Check the appropriate box to indicate the type of physical custody you would like the court to order.

Item 8(c), Visitation of children.


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Item 8c(1) is used to request that there be no visitation. This option is used in extreme situations in which contact with the parent would be physically or emotionally harmful to the child.

Item 8c(2) is used to request Reasonable Visitation, which means you and the other parent can work out a parenting plan without help from the court. If you and the other parent have a cooperative relationship, then reasonable visitation may work.

Use Item 8c(3) if you prefer a specific plan to avoid conflict over visitation. To propose a specific plan, check the box for the parent getting the visitation with the child. Print your proposed schedule in the space provided. Be specific about which weeks of the month the visits will occur. For example, if the parent will have the child every other weekend, go further and provide details by requesting the 1st, 3rd and 5th (or the 2nd and 4th) weekends. The pick-up and drop-off times should also be specific – such as Friday at 3:00 p.m. to Sunday at 6:00 p.m.

Check Item 8c(4) if you would like the court to impose restrictions on visitation. Print the desired visitation restrictions in the space provided. Some examples of restrictions include:

Ø Supervised visitation Ø Random drug testing Ø Exchange the child at __________________ Ø 24 hour notice to confirm scheduled visitation Ø No removal of child from the state or county.

Item 8(d), Facts in Support. On a separate page, print the words “Attachment 8(d)” and explain your reasons for the visitation plan or restrictions you propose. Check Box 8(d) and attach the page to this petition.

Item 8(e). Check the box if you would like the help of a mediator in reaching a parenting agreement with the other parent. Custody and visitation mediators available through the court are specially trained regarding children’s needs and are skilled at developing agreements between parents. Please note that checking this box will not get your case referred to mediation. You will need to file additional paperwork when you are ready to go to mediation.

Item 9, Pregnancy & Birth Expenses. If you are requesting the other parent’s assistance in paying the expenses of pregnancy and birth, check the box for Respondent. Describe the expenses to be paid in the space provided.

Item 10, Fees and Costs of Litigation. Attorney fees are inapplicable, unless you plan to hire an attorney. If court filing fees, paternity tests or other costs are foreseeable and you want the other party to pay or share these expenses, check the box for Respondent at 10(b).

Item 11, Name Change. Check this box if you want your child’s name changed. Clearly print in the space provided the name that you propose for your child.

Item 12 informs you about Child Support. The court may make orders for support of the children and issue a wage assignment.


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Item 13 relates to the Standard Restraining Orders, and confirms that you have read the restraining order on the back of the Summons, and understand that it applies to you when this Petition is filed.

Next to the word “Date” below Item 13, print today’s date. Print your name on the line that says “Type or Print Name” and sign your name on the line to the right, where it says “Signature of Petitioner.”

COMPLETING THE DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA), FL-105

The purpose of the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act is to inform the court where the child has lived in the last 5 years or since the birth (if your child is under 5 years old), and whether the child has been the subject of other court cases concerning custody. It also requests information as to other people who seek custody or visitation rights with the child. If after completing and filing this form, you become aware of additional information regarding a custody proceeding in another court, you must complete and file an amended UCCJEA declaration.

At the top of the page, print your name, mailing address, and telephone number.

In the Second box down, The court’s name and address may already appear. If not, please print the following information:

Sacramento Superior Court Family Relations Courthouse 3341 Power Inn Road Sacramento 95826

In the third box down, print your name and the other parent’s name next to the words “Case Name.”

The fourth box down applies to guardianship cases only. Leave it blank.

Item 1 states that you are a party in this case.

Item 2. Check the box if your address is confidential and you are using a mailing address other than your physical address.

Item 3. Print the number of minor children of this relationship.

Box (a). If there is more than one child of this relationship, start with the oldest child. Print the child’s full name, city and state of birth, date of birth and sex.

Under “period of residence,” provide the time period the child lived at each address during the last 5 years, or to the child’s date of birth if less than 5 years old. The first line is for the current information. Print the date that the child moved into the home where your child now resides.


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In the next box to the right, print the address where the child resides – or as much of it as you know, such as the city, county and/or state. If you do not know the street address, you may print “unknown.” If the address is confidential, check the box provided. You must include at least a city and state for each period of residence or the Court will be unable to make custody or visitation orders.

Further to the right, print the name of the person the child is living with, followed by the relationship of that person to the child -- for example, “mother,” “father” or “parents.” If the child is living with someone other than a parent, be sure to provide that person’s name, address and relationship information on this form.

On the next line down, provide all the information requested relating to the child’s previous residence. Include the dates the child moved into and out of that address. Continue on separate lines for each address.

You may find the following example helpful. Suppose your child moved to his current residence in January 2017. You would print that date on the first line so that it reads “January 2017 to present.” Then you would go to the second line and print “January 2017” after the word “to,” because this is also the last date the child resided at his previous address. Then you would back up and print the date the child moved into that address so that the second line would read, for example, “May 2014 to January 2017.”

This form can be confusing when the child has lived with both parents. It is appropriate to list both parents’ names in the section for “Person Child Lived With” for periods of time you lived together as a family. Also, when both parents share custody of the child in two different homes, you can show this by completing two lines with the same periods of time and listing the parent’s names and addresses on the two lines.

Complete box b If there is more than one child; complete the requested information for the second child. If the residence information is the same as the first child, check the box below the child’s name that says, “Residence information is the same as given above for child a.” If the information is not the same, provide the information on the lines below.

If there have been more addresses for the child than will fit in the boxes provided, check box c and attach an additional page labeled “Additional Residence Information.” Use this additional page to list all other addresses for the past five years in the same way you listed the most recent addresses.

If there are more than 2 children, check Box d located at the bottom of the form and complete and attach form FL-105(A). Use this form to list the same information for the additional children as was included for the first 2 children.

In the bar at the top of the second page, print your name and the other parent’s name below the words "Short Title."


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Item 4 asks whether you have information about, or have you been a party or witness in a case in California or elsewhere, concerning custody of the child involved in this case? This includes family law, guardianships and juvenile dependency cases. If not, check the box for No. If you do know of a case, check the box for Yes, and provide the information requested about that case under the appropriate case type.

Item 5 asks if one or more domestic violence restraining/protective orders are now in effect. If not, leave this item blank. If you do know that such orders are in effect, check the box next to 5., check the box next to the type of case in which the restraining order was issued and provide the information requested. If you have a copy of the orders, attach them.

Item 6 asks if there is anyone who is not a party to the case who has physical custody or claims to have custody or visitation rights with any child in this case. If not, check the box for No. If you do know of a non-parent seeking custody or visitation rights, check the box for Yes and provide the information requested about that person in items a, b and c.

At the bottom left of the form, print today’s date next to the word “Date.” Print your name on the line below the date and sign your name on the line to the right.

Item 7: If you completed any additional pages or form FL-105(A), check the box next to 7. and print the number of pages you are attaching on the line.

Family Law Case Participant Enrollment Form, local form FL/E-LP-660

In Sacramento County, family law documents prepared by the Court are published to a secure web site where only parties to the case who have created an online account can view and download them. The Family Law Case Participant Enrollment Form is used to register an email address that will be used to access the online account. Within twenty-four (24) hours of filing your forms, you should receive an email advising you that an account has been created for you to access any documents posted in your new case. Follow the link in the email to confirm your account and create your unique password. This account will be used for the life of your case. If your email address changes, you will be required to file a new Family Law Case Participant Enrollment Form in order to continue to have access to documents posted by the Court.

FILING THE FORMS

1. Making Copies First, you will need two copies -- plus the originals -- of the following completed documents:

Ø Summons Ø Petition to Establish Parental Relationship Ø Declaration Under Uniform Child Custody Jurisdiction And Enforcement Act

Make an extra set of copies if you are going to ask a Sheriff or correctional facility to serve papers on the other parent.

2. Filing Fees


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There is a fee to file a new case in the Superior Court. Refer to the fee schedule on the Court’s web site for the current fee. If you are unable to pay the fee, you may ask the Court to waive the fee. Information on requesting a waiver of the court fees can also be found on the fee page on Court’s web site.

3. Filing The Forms When you are ready to file your forms, you will take all of the forms you have completed to the Family Law filing clerk in Room 100. At that time, the clerk will ask you for your initial filing fee or your fee waiver application.

After paying your filing fee or obtaining a fee waiver, the clerk will issue you a case number, stamp this number on your forms, place your original Summons, Petition and Declaration Under Uniform Child Custody Jurisdiction And Enforcement Act forms inside a new court file, and hand you both sets of copies.

SERVING THE FORMS ON THE OTHER PARENT

Before the Court can make any orders, you must serve the forms you filed on the other parent. Instructions on service and the forms you will need can be found in the following packets on the Court’s web site:

Ø Step 2 Service packet Ø Forms to Serve on the Respondent (UPA) packet

FINISHING THE CASE

The other parent has 30 days from the date of service to respond to your court forms, or longer if you do not return to court promptly to take the next step. On the 31st day, if you have not received a Response in the mail, you may be able to take the other party’s default. Contact the Self Help Center to see if you are eligible to proceed by Default.

If the other parent chooses to respond, they will complete the blank Response forms that were served on him or her. These forms must be served on you by mail or hand-delivery before being filed with the court. If you receive the other parent’s Response, you need not wait 30 days to take the next step.

The Family Law Facilitator’s Office can help you determine what procedures to use to complete your case. Your file will not be complete until your have a Judgment signed by the Judge and entered by the court.

If you need to get temporary custody or support orders, there are self-help packets for Completing the Request for Order and Completing the Income and Expense Declarationavailable on the Court’s website.

FL-210SUMMONS

(Parentage—Custody and Support)CITACIÓN (Paternidad—Custodia y Manutención)

NOTICE TO RESPONDENT (Name):FOR COURT USE ONLY

(SOLO PARA USO DE LA CORTE)

You have been sued. Read the information below and on the next page. Lo han demandado. Lea la información a continuación y en la página siguiente.

Petitioner's name:

CASE NUMBER: (Número de caso)

AVISO AL DEMANDADO (Nombre):

El nombre del demandante:

You have 30 calendar days after this Summons and Petition are served on you to file a Response (form FL-220 or FL-270) at the court and have a copy served on the petitioner. A letter, phone call, or court appearance will not protect you.

If you do not file your Response on time, the court may make orders affecting your right to custody of your children. You may also be ordered to pay child support and attorney fees and costs. For legal advice, contact a lawyer immediately. Get help finding a lawyer at the California Courts Online Self-Help Center (www.courts.ca.gov/selfhelp), at the California Legal Services website (www.lawhelpca.org), or by contacting your local bar association.

Tiene 30 dias de calendario después de habir recibido la entrega legal de esta Citación y Petición para presentar una Respuesta (formulario FL-220 o FL-270) ante la corte y efectuar la entrega legal de una copia al demandante. Una carta o llamada telefónica o una audiencia de la corte no basta para protegerlo. Si no presenta su Respuesta a tiempo, la corte puede dar órdenes que afecten la custodia de sus hijos. La corte también le puede ordenar que pague manutención de los hijos, y honorarios y costos legales. Para asesoramiento legal, póngase en contacto de inmediato con un abogado. Puede obtener información para encontrar un abogado en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en el sitio web de los Servicios Legales de California (www.lawhelpca.org), o poniéndose en contacto con el colegio de abogados de su condado.

NOTICE: The restraining order on page 2 remains in effect against each parent until the petition is dismissed, a judgment is entered, or the court makes further orders. This order is enforceable anywhere in California by any law enforcement officer who has received or seen a copy of it.

AVISO: La órden de protección que aparecen en la pagina 2 continuará en vigencia en cuanto a cada parte hasta que se emita un fallo final, se despida la petición o la corte dé otras órdenes. Cualquier agencia del orden público que haya recibido o visto una copia de estas orden puede hacerla acatar en cualquier lugar de California.

, Deputy (Asistente)Clerk, by (Secretario, por)

[SEAL]

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Family Code, §§ 232, 233, 7700; Cal. Rules of Court, rule 5.50

www.courts.ca.gov

Form Adopted for Mandatory Use Judicial Council of California

FL-210 [Rev. January 1, 2015]

SUMMONS (Parentage—Custody and Support)

Date (Fecha):

1.

2.

The name and address of the court are: (El nombre y dirección de la corte son:)

The name, address, and telephone number of petitioner’s attorney, or petitioner without an attorney, are: (El nombre, la dirección y el número de teléfono del abogado del demandante, o del demandante si no tiene abogado, son:)

FEE WAIVER: If you cannot pay the filing fee, ask the clerk for a fee waiver form. The court may order you to pay back all or part of the fees and costs that the court waived for you or the other party.

EXENCIÓN DE CUOTAS: Si no puede pagar la cuota de presentación, pida al secretario un formulario de exención de cuotas. La corte puede ordenar que usted pague, ya sea en parte o por completo, las cuotas y costos de la corte previamente exentos a petición de usted o de la otra parte.

ORDEN DE RESTRICCIÓN ESTÁNDAR (Paternidad—Custodia y Manutención)

Starting immediately, you and every other party are restrained from removing from the state, or applying for a passport for, the minor child or children for whom this action seeks to establish a parent-child relationship or a custody order without the prior written consent of every other party or an order of the court.

This restraining order takes effect against the petitioner when he or she files the petition and against the respondent when he or she is personally served with the Summons and Petition OR when he or she waives and accepts service. This restraining order remains in effect until the judgment is entered, the petition is dismissed, or the court makes other orders. This order is enforceable anywhere in California by any law enforcement officer who has received or seen a copy of it.

En forma inmediata, usted y cada otra parte tienen prohibido llevarse del estado a los hijos menores para quienes esta acción judicial procura establecer una relación entre hijos y padres o una orden de custodia, ni pueden solicitar un pasaporte para los mismos, sin el consentimiento previo por escrito de cada otra parte o sin una orden de la corte.

Esta orden de restricción entrará en vigencia para el demandante una vez presentada la petición, y para el demandado una vez que éste reciba la notificación personal de la Citación y Petición, o una vez que renuncie su derecho a recibir dicha notificación y se dé por notificado. Esta orden de restricción continuará en vigencia hasta que se emita un fallo final, se despida la petición o la corte dé otras órdenes. Cualquier agencia del orden público que haya recibido o visto una copia de esta orden puede hacerla acatar en cualquier lugar de California.

Page 2 of 2SUMMONS (Parentage—Custody and Support)


STANDARD RESTRAINING ORDER (Parentage—Custody and Support)

FL-210

NOTICE—ACCESS TO AFFORDABLE HEALTH INSURANCE Do you or someone in your household need affordable health insurance? If so, you should apply for Covered California. Covered California can help reduce the cost you pay toward high-quality, affordable health care. For more information, visit www.coveredca.com. Or call Covered California at 1-800-300-1506.

AVISO—ACCESO A SEGURA DE SALUD MÁS ECONOMICO Necessita seguro de salud a un costo asequible, ya sea para usted o alguien en su hogar? Si es asi, puede presentar una solicitud con Covered California. Covered California lo puede ayudar a reducir al costo que paga por seguro de salud asequible y de alta calidad. Para obtener más información, visite www.coveredca.com. O llame a Covered California al 1-800-300-0213.

The children are

3. The court has jurisdiction over the respondent because the respondent

The action is brought in this county because (you must check one or more to file in this county):

Petitioner claims (check all that apply):

1.

PETITION TO ESTABLISH PARENTAL RELATIONSHIP(Uniform Parentage)

Form Approved for Optional UseJudicial Council of California


6.

5.

4.

2.

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:CASE NUMBER:

STREET ADDRESS:

MAILING ADDRESS:

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

FL-200

PETITION TO ESTABLISH PARENTAL RELATIONSHIP

a.b.c.

respondent is the child's mother.respondent is the child's father.parentage has been established by Voluntary Declaration of Paternity (attach copy).

a.b.c.

the mother.

the child or the child's personal representative (specify court and date of appointment):

Petitioner is

the father.

d. other (specify):

a. Child's name Date of birth SexAge

b. a child who is not yet born.

a.b.c.

resides in this state.had sexual intercourse in this state, which resulted in conception of the children listed in item 2.other (specify):

a.b.

the child resides or is found in the county.a parent is deceased and proceedings for administration of the estate have been or could be started in this county.

d.e.

respondent who is child's parent has failed to support the child.(name): has furnished or is furnishing the following reasonable expensesof pregnancy and birth for which the respondent as parent of the child is obligated:Amount Payable to For (specify):

g. other (specify):

A completed Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)) (form FL-105) is attached.

Child CustodyChild SupportVisitation Other (specify):

f. public assistance is being provided to the child.

Family Code, § 7630

ATTORNEY FOR (Name):

TELEPHONE NO. (Optional): FAX NO. (Optional):

E–MAIL ADDRESS (Optional):

Page 1 of 2

www.courtinfo.ca.gov

PETITION TO ESTABLISH PARENTAL RELATIONSHIP(Uniform Parentage)

Petitioner requests the court to make the determinations indicated below.

CHILD CUSTODY AND VISITATION

PARENT-CHILD RELATIONSHIP


CASE NUMBER:PETITIONER:

7.

8.

Page 2 of 2

RESPONDENT:

a. b.c.

Respondent Petitioner

is the parent of the children listed in item 2.Other (specify):

a.b.

Legal custody of children toPhysical custody of children to

Petitioner Respondent OtherJoint

Visitation of children:

Petitioner

d. Facts in support of the requested custody and visitation orders are (specify):

(1) Nonec.

(2) Reasonable visitation.

Visitation with the following restrictions (specify):

Contained in the attached declaration.I request mediation to work out a parenting plan.e.

CHILD SUPPORTThe court may make orders for support of the children and issue an earnings assignment without further notice to either party.

12.

REASONABLE EXPENSES OF PREGNANCY AND BIRTH: 9.

NAME CHANGE11.Children's names be changed, according to Family Code section 7638, as follows (specify):

FEES AND COSTS OF LITIGATION10.a.b.

Attorney fees to be paid byExpert fees, guardian ad litem fees, and other costs of the action or pretrial proceedings to be paid by

I have read the restraining order on the back of the Summons (FL-210) and I understand it applies to me when this Petition is filed.13.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(SIGNATURE OF PETITIONER)(TYPE OR PRINT NAME)

A blank Response to Petition to Establish Parental Relationship (form FL-220) must be served on the Respondent with this Petition.

NOTICE: If you have a child from this relationship, the court is required to order child support based upon the income of both parents. Support normally continues until the child is 18. You should supply the court with information about your finances. Otherwise, the child support order will be based upon information supplied by the other parent.Any party required to pay child support must pay interest on overdue amounts at the "legal" rate, which is currently 10 percent.

(3)

Petitioner Respondent Joint

Petitioner Respondent Joint

Reasonable expenses of pregnancy and birth be paid byas follows:

Respondent should have the right to visit the children as follows:

(4)

Person child lived with (name and complete current address)








Additional children are listed on form FL-105(A)/GC-120(A). (Provide all requested information for additional children.)

FL-105/GC-120FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CASE NUMBER:

DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

1. I am a party to this proceeding to determine custody of a child.2. My present address and the present address of each child residing with me is confidential under Family Code section 3429 as

I have indicated in item 3.3. There are (specify number):

(Insert the information requested below. The residence information must be given for the last FIVE years.)a. Child’s name Place of birth Date of birth Sex

Period of residence Address Relationship

Confidentialto present

to

to

tob. Child’s name Place of birth Date of birth Sex

Residence information is the same as given above for child a. (If NOT the same, provide the information below.)

Period of residence Address Relationship

Confidentialto present

to

to

to

Additional residence information for a child listed in item a or b is continued on attachment 3c.c.

Page 1 of 2Family Code, § 3400 et seq.; Form Adopted for Mandatory Use

Judicial Council of California FL-105/GC-120 [Rev. January 1, 2009]

DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) Probate Code, §§ 1510(f), 1512

minor children who are subject to this proceeding, as follows:

www.courtinfo.ca.gov

TELEPHONE NO.: FAX NO. (Optional):E-MAIL ADDRESS (Optional):


ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

PETITIONER:RESPONDENT:

GUARDIANSHIP OF (Name): Minor

OTHER PARTY:

Child's residence (City, State)



d.




(This section applies only to family law cases.)

(This section apples only to guardianship cases.)

Confidential

Confidential

Juvenile Delinquency/ Juvenile Dependency

and provide the following information):5. One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one

a. Criminal

b. Family

d. Other

Court State Case number (if known) County Orders expire (date)

Court (name, state, location)

Court order or judgment

(date)Case status

b. Guardianship

c. Other

Name of each child

a. Family

Case number

Court (name, state, location)

e. Adoption

Juvenile Delinquency/ Juvenile Dependency

Case Number

Your connection to

the case

CASE NUMBER:SHORT TITLE:

Do you have information about, or have you participated as a party or as a witness or in some other capacity in, another court case or custody or visitation proceeding, in California or elsewhere, concerning a child subject to this proceeding?

Yes (If yes, attach a copy of the orders (if you have one) and provide the following information):

Do you know of any person who is not a party to this proceeding who has physical custody or claims to have custody of or visitation rights with any child in this case? (If yes, provide the following information):Yes

a. Name and address of person b. Name and address of person c. Name and address of person

Has physical custody Has physical custodyHas physical custodyClaims custody rightsClaims custody rightsClaims custody rights

Claims visitation rights Claims visitation rights Claims visitation rights

Name of each child Name of each child Name of each child

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

7. Number of pages attached:NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody

FL-105/GC-120 [Rev. January 1, 2009] Page 2 of 2DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA)

4.

6.No

proceeding in a California court or any other court concerning a child subject to this proceeding.

No

FL-105/GC-120

Proceeding

Proceeding

c.

d.

Local Form Adopted for Mandatory Use FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM

CONFIDENTIAL FOR COURT USE ONLY

CASE PARTICIPANT

NAME: STATE BAR NO:

FIRM NAME:

ADDRESS:

CITY: STATE: ZIP CODE:

E-MAIL ADDRESS: (must be legible) TELEPHONE NO.:

ATTORNEY FOR (Name): FAX NO. (Optional):

NAME OF COURT:

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CLAIMANT:

FAMILY LAW CASE PARTICIPANT ENROLLMENT FORM CASE NUMBER:

You may access some Findings and Orders After Hearing for law and motion hearings, and mediation reports prepared by Family Court Services on or after January 26, 2015 using the court's online Public Case Access System. Free access is available for 72 hours from the time the order is issued or the report is prepared, or from the time the court creates your case subscription. After 72 hours, you may still access but you will be required to pay for copies of orders and reports.

INSTRUCTIONS

To setup your account you must:

I,

declare that my private email address is (must be legible):

I understand, if I change my email address I must file a new enrollment form with the court.

, request the court create an account and/or subscription to my Family Law case. I

I would like to unsubscribe from my case and have attached a copy of my driver license, state or federal issued photo identification.

I acknowledge that confidential mediation reports contain private information that is not part of the public court file. I understand that without a court order, I must not disclose any contents of the Report to anyone (including any minor children) other than the parties to my case (petitioner/respondent/claimant) and their attorneys and court professionals. I acknowledge that the court may impose a penalty for any unauthorized disclosure of any content of the Family Court Services report.


Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

• File this form with the court and be prepared to show your driver license or a state or federal issued photo identification card.• A separate form must be filed for each of your Family Law cases.• Once the court has created your subscription to your Family Law case, you will receive a confirming email. You must follow the

instructions in that email to complete the process.

www.saccourt.ca.govFL/E-LP-665 (Rev 2/5/18)

(Please use Ø for zero, 1 for one and clearly differentiate i, L, S, 5, 3 and 8's).

PARTY

PARTY

••

Once your subscription is completed, you will receive an email notification each time an order or report is added to your case.You must also complete and file this form, with a copy of your driver license, if you wish to unsubscribe to your Family Law case.

At the time of service I was at least 18 years of age and not a party to this action. I served the respondent with copies of:

PROOF OF SERVICE OF SUMMONS (Family Law—Uniform Parentage—Custody and Support)

Form Approved for Optional Use Judicial Council of California


FL-115

1.

and

a.

(1)

(2)

(3)(7)

b.

c.

–or–

–or–

(5)

(6)

(4)

a.

I served the respondent by the following means (check proper boxes):

on (date): at (time):

b.

(1)

(2)

(name):

d.

Page 1 of 2

(8)

Code of Civil Procedure, § 417.10 www.courts.ca.gov

who is (specify title or relationship to respondent):

PROOF OF SERVICE OF SUMMONS

FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.:E-MAIL ADDRESS:



BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PETITIONER:

RESPONDENT:

CASE NUMBER:

Family Law—Marriage/Domestic Partnership: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110), and blank Response—Marriage/Domestic Partnership (form FL-120)

Uniform Parentage: Petition to Establish Parental Relationship (form FL-200), Summons (form FL-210), and blank Response to Petition to Establish Parental Relationship (form FL-220)

Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210), and blank Response to Petition for Custody and Support of Minor Children (form FL-270)

Completed and blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)

Completed and blank Declaration of Disclosure (form FL-140)Completed and blank Schedule of Assets and Debts (form FL-142)Completed and blank Income and Expense Declaration (form FL-150)

Completed and blank Financial Statement (Simplified) (form FL-155)Completed and blank Property Declaration (form FL-160)Request for Order (form FL-300), and blank Responsive Declaration to Request for Order (form FL-320)Other (specify):

2.

3.Personal service. I personally delivered the copies to the respondent (Code Civ. Proc., § 415.10)

Substituted service. I left the copies with or in the presence of

(Business) a person at least 18 years of age who was apparently in charge at the office or usual place of business of the respondent. I informed him or her of the general nature of the papers.(Home) a competent member of the household (at least 18 years of age) at the home of the respondent. I informed him or her of the general nature of the papers.

on (date):

A declaration of diligence is attached, stating the actions taken to first attempt personal service.

I thereafter mailed additional copies (by first class, postage prepaid) to the respondent at the place where the copies were left (Code Civ. Proc., § 415.20b) on (date):

at (time):

Address where respondent was served:

http://www.courts.ca.gov/documents/fl100.pdf

















Person who served papers

The fee for service was (specify): $

a.b.c.

(1) Registration no.:County:

5.

6.

PROOF OF SERVICE OF SUMMONS (Family Law—Uniform Parentage—Custody and Support)


4.

This person is

(2)

c.

(1)

(2)

(specify code section):d.

–or–

Name:

Telephone number:

d.

Page 2 of 2

CASE NUMBER:

RESPONDENT:

PETITIONER:FL-115

3. Mail and acknowledgment service. I mailed the copies to the respondent, addressed as shown in item 2, by first-class mail, postage prepaid, on

Other

with two copies of the Notice and Acknowledgment of Receipt (form FL-117) and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgment of Receipt (form FL-117).) (Code Civ. Proc., § 415.30.)

to an address outside California (by registered or certified mail with return receipt requested). (Attach signed return receipt or other evidence of actual delivery to the respondent.) (Code Civ. Proc., §§ 415.40, 417.20.)

Continued on Attachment 3d.

Address:

exempt from registration under Business and Professions Code section 22350(b).not a registered California process server.a registered California process server: an employee or an independent contractor


I am a California sheriff, marshal, or constable, and I certify that the foregoing is true and correct.

Date:

(NAME OF PERSON WHO SERVED PAPERS)(SIGNATURE OF PERSON WHO SERVED PAPERS)

(date): from (city):



I agree I received the following:

NOTICE AND ACKNOWLEDGMENT OF RECEIPT (Family Law)



FL-117

a.

b.

c.

Page 1 of 1

Code of Civil Procedure, § 415.30, 417.10www.courts.ca.gov

NOTICE AND ACKNOWLEDGMENT OF RECEIPT

FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO.:E-MAIL ADDRESS:



BRANCH NAME:

CITY AND ZIP CODE:

STREET ADDRESS:

MAILING ADDRESS:

PETITIONER:

RESPONDENT:CASE NUMBER:

Family Law: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110), and blank Response—Marriage/Domestic Partnership (form FL-120)Uniform Parentage: Petition to Establish Parental Relationship (form FL-200), Summons (form FL-210), and blank Response to Petition to Establish Parental Relationship (form FL-220)

Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210), and blank Response to Petition for Custody and Support of Minor Children (form FL-270)

ACKNOWLEDGMENT OF RECEIPT

NOTICE The documents identified below are being served on you by mail with this acknowledgment form. You must personally sign, or a person authorized by you must sign, this form to acknowledge receipt of the documents. If the documents described below include a summons and you fail to complete and return this acknowledgment form to the sender within 20 days of the date of mailing, you will be liable for the reasonable expenses incurred after that date in serving you or attempting to serve you with these documents by any other methods permitted by law. If you return this form to the sender, service of a summons is deemed complete on the date you sign the acknowledgment of receipt below. This is not an answer to the action. If you do not agree with what is being requested, you must submit a completed Response form to the court within 30 calendar days.

To (name of individual being served):

Recipient signed this acknowledgment on (specify date):

Date of mailing (specify):

(TYPE OR PRINT SENDER'S NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE AND MUST BE 18 YEARS OR OLDER)

(SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT)(TYPE OR PRINT NAME OF PERSON ACKNOWLEDGING RECEIPT)

(1)

(2)

(3)(7)

(4)

d.

(8)

Completed and blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)Completed and blank Declaration of Disclosure (form FL-140)Completed and blank Schedule of Assets and Debts (form FL-142)Completed and blank Property Declaration (form FL-160)

Request for Order (form FL-300), and blank Responsive Declaration to Request for Order (form FL-320)Other (specify):

(6) Completed and blank Financial Statement (Simplified) (form FL-155)

Completed and blank Income and Expense Declaration (form FL-150)

(5)

4.

2.

1.

3.

5.

6.

(Sender completes items 1 through 4 and signs before mailing. Recipient completes items 5 and 6, signs, then returns)







http://www.courts.ca.gov/documents/260.pdf










FL-220FOR COURT USE ONLY

RESPONSE TO PETITION TO ESTABLISH PARENTAL RELATIONSHIP(Uniform Parentage)

CASE NUMBER:

1. The children are (name each):Date of birth SexAge

A child who is not yet bornb.

3. The respondenta.

was in California when the listed children were conceived.b.c.

4. The childrena.

are children of a parent who is deceased, and proceedings for administration of the estate have been or could be startedin this county.

b.

5. The respondent isa. the father of the children listed in item 1 above.b. the mother of the children listed in item 1 above.

not certain if he or she is the parent of the children listed in item 1 above.c.d.

Page 1 of 2

RESPONSE TO PETITION TO ESTABLISH PARENTAL RELATIONSHIP (Uniform Parentage)



Family Code, § 7600www.courtinfo.ca.gov

a. Child’s name

neither a nor b

lives in the State of California.

live or are in this county.

not the parent of the children listed in item 1 above.

PETITIONER:

RESPONDENT:

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):


SUPERIOR COURT OF CALIFORNIA, COUNTY OFSTREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

2. The petitioner isa. the mother of the children listed above.b. the father of the children listed above.

not certain whether he or she is the biological parent of the children listed above.c.d.e. other (specify):

the child or child’s representative (specify court and date of appointment):

d. other (specify):

6. Additional statementsa. Parentage has been established by a Voluntary Declaration of Paternity (attach copy).

c. Public assistance is being provided to the children.

other (specify): e

b. Parentage has been established in another case governmental child support other (specify):

PETITIONER: CASE NUMBER:

RESPONDENT:

The respondent requests that the court make the orders listed below.

Petitioner Respondent a. is the parent of the children listed in item 1.

8. Child custody and visitation

Petitioner Joint Otherb. Legal custody of the children should go toc. Physical custody of the children should go to

None(1)

(2) Reasonable visitationPetitioner Respondent should have the right to visit the children as follows (specify):(3)

Visitation should occur with the following restrictions (specify):(4)

(5)

9. Reasonable expenses of pregnancy and birthReasonable expenses of pregnancy and birth should be paid by

Both

Petitioner10. Fees and costs of litigation Botha. Attorney fees should be paid byb. Expert fees, guardian ad litem fees, and other costs of the action or pretrial proceedings should be paid by

11. Name change. The children’s names should be changed, according to Family Code section 7638, as follows (specify old

13. Child support. The court may make orders for support of the children and issue an earnings assignment without further notice to either party.

I have read the restraining order on the back of the Summons (form FL-210) and I understand it applies to me.


Date:

(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT)

NOTICE: If you have a child from this relationship, the court is required to order child support based upon the income of both parents. Support normally continues until the child is 18. You should supply the court with information about yourfinances. Otherwise, the child support order will be based upon information supplied by the other parent. Any party required to pay child support must pay interest on overdue amounts at the “legal” rate, which is currently 10 percent.

FL-220 [Rev. January 1, 2006] Page 2 of 2

7. Parent-child relationship (check all that apply):

d. Visitation of the children should be as follows:

I request mediation to work out a parenting plan.

RespondentPetitioner

Respondent

Respondent

RESPONSE TO PETITION TO ESTABLISH PARENTAL RELATIONSHIP (Uniform Parentage)

b.Other (specify):

Petitioner Respondent is not the parent of the children listed in item 1.Other (specify):

a. If Respondent Petitioner Other is found to be the parent of the children in listed in item 1:

FL-220

12. Other orders requested (specify):

Respondent requests genetic (blood) tests to determine whether the petitioner respondent is the parent of the children listed.

c.

and new names):

INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL

Use these instructions to complete the Proof of Service by Mail (form FL-335).

A person at least 18 years of age or older must serve the documents. There are two ways to serve documents: (1) personal delivery and (2) by mail. See the Proof of Personal Service (form FL-330) if the documents are being personally served. The person who serves the documents must complete a proof of service form for the documents being served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVES THE DOCUMENTS (TYPE OR PRINT IN BLACK INK)

You must complete a proof of service for each package of documents you serve. For example, if you serve the respondent and the other parent, you must complete two proofs of service; one for the respondent and one for the other parent.

Complete the top section of the proof of service forms as follows:

documents.Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box.

Third box, left side: Print the names of the petitioner/plaintiff, respondent/defendant, and other parent in this box. Usethe same names listed on the documents you are serving.First box, top of form, right side: Leave this box blank for the court’s use.

You cannot serve a temporary restraining order by mail. You must serve those documents by personal service.

You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating thatyou either live in or are employed in the county where the mailing took place.Print your home or business address.List the name of each document that you mailed (the exact names are listed on the bottoms of the forms).

Check this box if you put the documents in the regular U.S. mail.Check this box if you put the documents in the mail at your place of employment.Print the name you put on the envelope containing the documents.Print the address you put on the envelope containing the documents.Print the date that you put the envelope containing the documents in the mail.Print the city and state you were in when you mailed the envelope containing the documents.

You are stating under penalty of perjury that the information you have provided is true and correct.Print your name, fill in the date, and sign the form.

If you need additional assistance with this form, contact the family law facilitator in your county.

INFORMATION SHEET FOR PROOF OF SERVICE BY MAILFL-335-INFO [New January 1, 2012]

Page 1 of 1

First box, left side: In this box print the name, address, and phone number of the person for whom you are serving the

Second box, right side: Print the case number in this box. This number is also stated on the documents you are serving.

2.

1.

3.a.b.

4. a.b.c.d.

6.

Check this box if you are serving an address verification form (required for service by mail of a postjudgment request to change a child custody, visitation, or child support order).

5.

Third box, right side: Print the hearing date, time, and department. Use the same information that is on the documents you are serving.

FL-335-INFO

Code of Civil Procedure, §§ 1013, 1013a www.courts.ca.gov

Use the same address for the court that is on the documents you are serving.

FL-335ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

CASE NUMBER:

PROOF OF SERVICE BY MAIL

NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330).

I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing tookplace.

My residence or business address is:

I served a copy of the following documents (specify):

by enclosing them in an envelope ANDa. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b.

The envelope was addressed and mailed as follows:Name of person served:

Date mailed:Place of mailing (city and state):


Date:

(TYPE OR PRINT NAME) (SIGNATURE OF PERSON COMPLETING THIS FORM)Page 1 of 1


FL-335 [Rev. January 1, 2012]PROOF OF SERVICE BY MAIL Code of Civil Procedure, §§ 1013, 1013a

1.

2.

3.

placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4.

Address:b.a.

c.d.

6.

www.courts.ca.gov

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SacramentoSTREET ADDRESS: 3341 Power Inn Road

MAILING ADDRESS: 3341 Power Inn Road

CITY AND ZIP CODE: Sacramento, CA 95826

BRANCH NAME: William R. Ridgeway Family Relations Courthouse

I served a request to modify a child custody, visitation, or child support judgment or permanent order which included an5.address verification declaration. (Declaration Regarding Address Verification—Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.)

HEARING DATE:

DEPT.:

HEARING TIME:

FAX NO. (Optional):E-MAIL ADDRESS (Optional):


TELEPHONE NO.:

(If applicable, provide):

NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures

IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN'S HEALTH-CARE COSTS

AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS:Notice. You must give the other parent an itemized

statement of the charges that have been billed for any health-care costs not paid by insurance. You must give this statement to the other parent within a reasonable time, but nomore than 30 days after those costs were given to you.

Proof of full payment. If you have already paid all of the uninsured costs, you must (1) give the other parent proof that you paid them and (2) ask for reimbursement for the other parent's court-ordered share of those costs.

Court-ordered insurance coverage. If a parent provideshealth-care insurance as ordered by the court, that insurance must be used at all times to the extent that it is available for health-care costs.

Proof of partial payment. If you have paid only your shareof the uninsured costs, you must (1) give the other parent proof that you paid your share, (2) ask that the other parent pay his or her share of the costs directly to the health-care provider, and (3) give the other parent the information necessary for that parent to be able to pay the bill.

a. Burden to prove. The party claiming that the coverage is inadequate to meet the child's needs has the burden of proving that to the court.Cost of additional coverage. If a parent purchases health-care insurance in addition to that ordered by the court, that parent must pay all the costs of the additional coverage. In addition, if a parent uses alternative coverage that costs more than the coverage provided by court order, that parent must pay the difference.

Payment by notified parent. If you receive notice from a parent that an uninsured health-care cost has been incurred, you must pay your share of that cost within the time the court orders; or if the court has not specified a period of time, you must make payment (1) within 30 days from the time you were given notice of the amount due, (2) according to any payment schedule set by the health-care provider, (3) according to a schedule agreed to in writing by you and the other parent, or (4) according to a schedule adopted by the court.

Preferred health providers. If the court-ordered coveragedesignates a preferred health-care provider, that provider must be used at all times consistent with the terms of the health insurance policy. When any party uses a health-care provider other than the preferred provider, any health-care costs that would have been paid by the preferred health provider if that provider had been used must be the sole responsibility of the party incurring those costs.

Disputed charges. If you dispute a charge, you may file a motion in court to resolve the dispute, but only if you pay that charge before filing your motion. If you claim that the other party has failed to reimburse you for a payment, or the other party has failed to make a payment to the provider after propernotice has been given, you may file a motion in court to resolvethe dispute. The court will presume that if uninsured costs havebeen paid, those costs were reasonable. The court may award attorney fees and costs against a party who has been unreasonable.

FL-192

Form Approved for Optional Use Judicial Council of California FL-192 [Rev. January 1, 2015]

Family Code, §§ 4062, 4063www.courts.ca.gov

NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures

Page 1 of 2

1.

2.

3.

4.

5.

6.

7.

b.

FL-192 [Rev. January 1, 2015] NOTICE OF RIGHTS AND RESPONSIBILITES Health-Care Costs and Reimbursement Procedures

INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDERGeneral Information The court has just made a child support order in your case. This order will remain the same unless a party to the action requests that the support be changed (modified). An order for child support can be modified only by filing a motion to change child support and serving each party involved in your case. If both parents and the local child support agency (if it is involved) agree on a new child support amount, you can complete, have all parties sign, and file with the court a Stipulation to Establish or Modify Child Support and Order (form FL-350) or Stipulation and Order (Governmental) (form FL-625).

When a Child Support Order May Be Modified The court takes several things into account when ordering the payment of child support. First, the number of children is considered. Next, the net incomes of both parents are determined, along with the percentage of time each parent has physical custody of the children. The court considers both parties’ tax filing status and may consider hardships, such as a child of another relationship. An existing order for child support may be modified when the net income of one of the parents changes significantly, the parenting schedule changes significantly, or a new child is born.

Examples You have been ordered to pay $500 per month in child support. You lose your job. You will continue to owe $500 per month, plus 10 percent interest on any unpaid support, unless you file a motion to modify your child support to a lower amount and the court orders a reduction. You are currently receiving $300 per month in child support from the other parent, whose net income has just increased substantially. You will continue to receive $300 per month unless you file a motion to modify your child support to a higher amount and the court orders an increase.You are paying child support based upon having physical custody of your children 30 percent of the time. After several months it turnsout that you actually have physical custody of the children 50 percent of the time. You may file a motion to modify child support to a lower amount.

How to Change a Child Support OrderTo change a child support order, you must file papers with the court. Remember: You must follow the order you have now.

What forms do I need?If you are asking to change a child support order open with the local child support agency, you must fill out one of these forms:

FL-680, Notice of Motion (Governmental) or FL-683 Order to Show Cause (Governmental) and FL-684, Request for Order and Supporting Declaration (Governmental)

If you are asking to change a child support order that is not open with the local child support agency, you must fill out one of these forms:

FL-300, Request for Order orFL-390, Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

You must also fill out one of these forms:FL-150, Income and Expense Declaration or FL-155, Financial Statement (Simplified)

What if I am not sure which forms to fill out?Talk to the family law facilitator at your court.

After you fill out the forms, file them with the court clerk and ask for a hearing date. Write the hearing date on the form. The clerk will ask you to pay a filing fee. If you cannot afford the fee, fill out these forms, too:

Form FW-001, Request to Waive Court FeesForm FW-003, Order on Court Fee Waiver (Superior Court)

You must serve the other parent. If the local child support agency is involved, serve it too.

This means someone 18 or over—not you—must serve the other parent copies of your filed court forms at least 16 court days before the hearing. Add 5 calendar days if you serve by mail within California (see Code of Civil Procedure section 1005 for other situations). Court days are weekdays when the court is open for business (Monday through Friday except court holidays). Calendar days include all days of the month, including weekends and holidays. To find court holidays, go to www.courts.ca.gov/holidays.htm.

Go to your hearing and ask the judge to change the support. Bring your tax returns from the last two years and your last two months' pay stubs. The judge will look at your information, listen to both parents, and make an order. After the hearing, fill out:

FL-340, Findings and Order After Hearing and FL-342, Child Support Information and Order Attachment

Need help?Contact the family law facilitator in your county or call your county's bar association and ask for an experienced family lawyer.

The server must also serve blank copies of these forms:FL-320, Responsive Declaration to Request for Order and FL-150, Income and Expense Declaration, or FL-155, Financial Statement (Simplified)

Then the server fills out and signs a Proof of Service (form FL-330 or FL-335). Take this form to the clerk and file it.

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Documents

STARTING A UNIFORM PARENTAGE ACT CASE · PDF fileSuperior Court of California, County of Sacramento Family Law Facilitator’s Office Page 1 of 9 05/23/17 STARTING A UNIFORM PARENTAGE