Understanding Parentage Cases

The Uniform Parentage Act is the area of California family law that allows unmarried parents to legally establish paternity of a child. Establishing legal paternity is important because it creates legally recognized parental rights and responsibilities involving the child. A parentage case may also address issues involving child custody, visitation, parenting schedules, and child support. In many situations, establishing parentage is the first legal step necessary before the court can issue enforceable orders involving the child.

A parentage case generally begins when one parent files a petition with the court requesting that legal parentage be established. Once the case is filed, the other parent must be formally served with the court documents and given an opportunity to respond. From there, the parties may seek orders involving custody, visitation, and child support depending on the needs of the family. If the required paperwork and procedural steps are completed, the case may ultimately proceed toward a final judgment establishing legal parentage and any related court orders.

One of the most important practical issues in a parentage case is knowing the location of the other parent for purposes of service of process. California law requires that the filed petition and related court documents be properly served on the other parent before the case can move forward. If a parent does not know where the other parent is located, service can become difficult and may delay or stall the progress of the case. For that reason, having accurate contact information and a reliable address for the other parent can significantly help move the process forward more efficiently.

Cooperation between parents can also play a major role in how smoothly a parentage case proceeds. In situations where both parents are willing to communicate and work together regarding custody, visitation, and support arrangements, the process is often more manageable and less stressful for everyone involved. Just Ask A Paralegal can assist with preparation of the required court forms and procedural document support; however, disagreements regarding custody, support, or parenting issues can sometimes cause a parentage matter to become contested. (See Custody & Support for possible options to address disagreements.) It is important to understand that we are document preparers, not attorneys, and we do not represent parties in contested family law litigation or provide legal advice or legal strategy.

Jurisdiction Matters

In California, jurisdiction over a child for custody and visitation purposes is generally based on the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In most situations, California becomes the child’s home state if the child has lived in California with a parent for at least 6 consecutive months immediately before the custody case is filed.

However, for a child younger than six months old, California can have jurisdiction if the child has lived in California since birth.

The general rule is:

• Children age 6 months or older: California residency for at least 6 consecutive months

• Children under 6 months old: California since birth

If the child or children named in a parentage action have not lived in California for the time period mentioned above, the court may not have the ability to make custody or visitation orders until jurisdiction has been satisfied.

Services & Fees

Our parentage services are designed for cooperative family law matters involving children who are currently living with one or both biological parents. These services do not include cases involving Child Protective Services (CPS), Juvenile Dependency Court, or contested litigation matters.

Basic Parentage Service — $299

The Basic Parentage Service is designed for unmarried parents seeking to establish a legal parental relationship and obtain child custody and visitation orders through an uncontested process. This service includes preparation of all required court forms necessary to request parentage orders and move the case toward judgment.

Clients will be responsible for filing their documents with the court and arranging for service on the other parent. Just Ask A Paralegal will provide detailed step-by-step instructions explaining how service should be properly completed and how the required Proof of Service documents should be prepared and filed. In most uncontested parentage matters, no court appearances are required. *

Premium Parentage Service — $399

The Premium Parentage Service provides a more comprehensive level of document preparation support for unmarried parents seeking to establish parentage, custody, and visitation orders through an uncontested process. This service includes preparation of all required court forms as well as filing of documents with the court.

We will also assist with service of the other parent, provided the other party is cooperative and willing to accept service. If the other parent is unwilling to cooperate with service arrangements, the client will need to arrange for formal service independently. In those situations, Just Ask A Paralegal will still provide clear step-by-step instructions regarding proper service procedures and completion of the required Proof of Service documents. In most uncontested parentage matters, no court appearances are required. *