By H. William Edgar | Edgar & Dow
If you and your child’s other parent never married, I start by asking what already establishes legal parentage. A properly filed voluntary declaration can have the effect of a parentage judgment under Family Code § 7573. It can change how you start the case and which custody orders you can ask for.
A filed voluntary declaration of parentage, a court judgment, or an adoption order can establish legal parentage in qualifying circumstances. Find the actual document and determine whether it was filed or entered. A birth certificate or informal acknowledgment can provide information, but counsel should review its legal effect alongside any other records. If someone disputes an existing declaration or judgment, obtain advice about the governing procedure and deadlines.
Legal parentage can involve more than a genetic connection. California law recognizes different routes depending on the facts, and competing claims can require a court determination. Bring any prior child support, juvenile, adoption, or family court papers. An earlier proceeding may affect what still needs to be decided and which case can address it.
If legal parentage has not been established, a parentage case may allow the court to determine it and make custody, visitation, and support orders. If parentage is established and the statutory requirements are met, a petition for custody and support of minor children may be available. California Courts provides Form FL-260 and describes eligible circumstances. If there is an existing case, check whether a Request for Order in that case is the correct path.
A local child support agency may be involved in determining parentage or obtaining support. Review what the existing orders actually address. An order addressing support may leave custody and parenting time unresolved. Give counsel the docket and prior judgments rather than assuming a separate custody proceeding is always necessary.
Identify where the child lives now, who handles daily care, and how both homes can support school, medical care, and activities. Propose specific exchange dates, times, transportation, holiday terms, and decision-making authority. The court evaluates the child’s best interest, including health, safety, and welfare. The fact that the parents were never married does not establish a preferred custody schedule once the court is considering the rights of legal parents.
For example, the parents may agree on weekend visits but disagree about school enrollment. A proposed order can define weekends separately from who decides where the child attends school. If one parent works a different shift each month, a calendar notice provision or a predictable baseline may matter more than a broad description of equal time.
A parent may need an interim schedule or a ruling on a specific decision before a final hearing. Identify the next school or treatment deadline, whether there is an operative protective order, and what arrangements will work in the meantime. If there is a concrete risk of immediate harm or removal from California, ask counsel about the requirements for temporary emergency relief. Ordinary disagreements generally proceed through regular court procedures.
If the child or another parent recently moved between states, prepare a residence timeline and find every existing custody order. California’s ability to establish or modify a custody order may depend on the UCCJEA. Registration of an out-of-state order can support enforcement but does not itself authorize California to change it.
Read the appointment notice and court instructions. Bring the current schedule, a proposed schedule, and a short timeline of caregiving. Identify what you can agree on and what needs a ruling. If the county uses recommending counseling, understand whether the counselor can make recommendations on unresolved issues. A clear filed request helps the judge decide even if counseling does not resolve the dispute.
If you reach agreement, use precise language and ask how to submit it for court approval. After the judge acts, obtain the entered order and attachments. Check effective dates, school and holiday arrangements, and any requirements for future notice. If a dispute remains about one issue, make sure the written order shows what was resolved and what was reserved.
California Courts’ parentage guide and petition for custody and support guide explain the filing routes.
Explore the California Child Custody and Visitation Library for more guides on getting started.
Family Code § 17404 limits what the court may decide in a local child support agency proceeding. A judgment may establish parentage and support while leaving parenting time unresolved. Obtain the signed judgment and check whether you need a separate family law filing before asking the court to set a schedule.
How Do I Get My First Child Custody and Visitation Order in California?
Legal Custody vs. Physical Custody in California: What’s the Difference?
How Do I Write a Parenting Plan That Works in California?
How Do I Prepare a Request for Order and Declaration in a California Custody Case?
Can California Change an Out-of-State Custody Order After You Register It?
For help with your California custody case, contact Edgar & Dow to schedule a consultation. Bring any parentage documents, existing orders, and the schedule you want the court to consider.
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