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The FL-200 form, known as the Petition to Determine Parental Relationship, is essential in specific legal situations surrounding family law in California. This form is typically used when someone seeks legal recognition or disavowal of parental responsibilities or rights, particularly concerning child custody, child support, or visitation orders.
- Triggering Events:
- The birth of a child when parents are not married or do not have a formal parental relationship established legally.
- Situations where there is a dispute over who the legal parents of a child are, warranting court intervention to clarify and establish parental relationships.
- Instances requiring official court orders to determine or change current parental rights and responsibilities.
Prior to filing this form, individuals might have completed a voluntary declaration of parentage, seeking to establish parental rights amicably without court involvement. However, when agreements can't be reached voluntarily, the use of FL-200 becomes necessary, often accompanied by other documents like the UCCJEA declaration to ensure the child's best interest in custody and support cases.
- Complete the Form: Accurately fill out the FL-200 Petition to Establish Paternity, ensuring all necessary details are provided, including information about the children and parents.
- Prepare Supporting Documents: Along with the petition, prepare any required attachments such as a voluntary declaration of parentage if applicable.
- File with Superior Court: Submit the completed form and documents to the Clerk of the Superior Court in the county where the child resides or where any related case is already pending.
- Serve the Respondent: Legally deliver a copy of the filed petition and any accompanying documents to the other parent (respondent), ensuring proof of service is obtained.
- Pay the Filing Fee: Complete the filing process by paying any applicable court fees, although fee waivers may be available for eligible petitioners.
Follow all local court rules and guidelines to ensure the petition is processed smoothly.
Name Change Request
Provide the full current and proposed names if requesting a name change. Ensure it complies with any legal standards for name changes under Family Code section 7638.
Name Change Request
Provide the full current and proposed names if requesting a name change. Ensure it complies with any legal standards for name changes under Family Code section 7638.
Child Support Orders
Understand that a child support order can be issued without further notice. Ensure accurate financial information is provided to affect the calculation of support obligations.
Child Support Orders
Understand that a child support order can be issued without further notice. Ensure accurate financial information is provided to affect the calculation of support obligations.
Determine Parentage
If you're seeking to be recognized as a parent, provide specific reasons or circumstances that support your request, like a history of caregiving or recognition by the child.
Denial of Parentage
Clearly state the reasons for not wanting to be recognized as a parent, such as lack of biological connection or acknowledged legal basis to exempt from parental responsibilities.
Jurisdiction Details
If conception occurred in California, it's essential to mention this because it helps establish the court's jurisdiction over the respondent, which is crucial for the case to proceed.
County for Filing
Only check this if a parent is deceased and probate proceedings are relevant in the county, since it can give the court jurisdiction over the matter.
Declaration of Parentage
Attach any voluntary declaration of parentage if available, as it can streamline proceedings by pre-establishing parentage legally.
Visitation Requests
Support your request for visitation rights or parenting time with facts or evidence of your relationship with the child, especially if you've been involved in their life.
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1
Serve a copy of the Petition, along with a blank Response to Petition to Determine Parental Relationship (FL-220), on the respondent. This must be done by someone other than you who is over 18 years old.
2
File a Proof of Service of Summons (form FL-115) with the court to verify the respondent has been served. This step confirms the legal requirement that the respondent is properly notified.
3
Wait for a response from the respondent. They have 30 days from the date of service to file a Response to Petition to Determine Parental Relationship (FL-220) with the court.
4
Prepare for a court hearing. If the respondent files a response, the court will schedule a hearing to discuss the matter. Make sure you have all necessary documentation and evidence prepared for the hearing.
5
Consider legal advice. Depending on the complexity of your case, it might be beneficial to consult with a lawyer to guide you through the next steps, especially if the respondent contests the petition.
