You may file a Petition to Establish a Parental Relationship. In order to file in Orange County, the child must currently live in, or be found in, Orange County or have recently been removed from this county. If the mother does not agree that you are the father of the child, you will need to file additional court forms and present your case to a judge.
This form is to officially and legally establish who is the natural father of the child if the mother and father are not married. When this form is completed correctly and signed by both parents, it has the same effect as a court order establishing paternity for the child, without anyone having to go to court.
You may have an opportunity to complete a Declaration of Paternity (form CS
909) in the hospital if you are present when the child is born. If not, both
parents may sign it at any time after the child’s birth. This form is available
from the Office of the Family Law Facilitator or Department of Child Support
Services. When the form is not signed at the hospital at the time of birth,
both parents must sign it in front of a notary public and mail it to:
State Department of Social Services
744 P Street
Sacramento, CA 95814
Phone Number:
916-445-6951
A signed and filed
Declaration of Paternity form gives a father legal rights and responsibilities toward the child:
- He can be held responsible for child support.
- He may seek a court order for visitation or custody of his child.
He will be waiving the following rights as they relate to the establishment of paternity:
- Right to trial in court to decide the issue of paternity;
- Right to notice of hearing on the issue of paternity;
- Right to present and cross-examine witnesses;
- Right to have an attorney represent him;
- Right to have an attorney represent him if he cannot afford one in an action filed by the local child support agency.
You can get a
Declaration of Paternity form from:
- The Office of the Family Law Facilitator, 7th Floor at Lamoreaux Justice
Center in Orange
- The Department of Child Support Services
Yes, if you are the parent of a child you may sign the form, even if you are not 18 years of age or older. However, legal paternity will not be established until 60 days after both of the parents reach the age of 18, or are otherwise legally free and independent.
You have 60 days after the date you signed the form, to fill out and file
another form to cancel the
Declaration of Paternity without giving
a reason. To do this you must use the form,
Rescission Form for the Declaration
of Paternity (CS 915). This form is available from the Office of the
Family Law Facilitator or Department of Child Support Services. This Rescission
Form cancels the legal father-child relationship created by the
Declaration
of Paternity.
- Only one parent needs to sign the form, but it must be signed before a Notary Public.
- If the mother and father signed the Declaration of Paternity form on different dates, use the most recent date to calculate the 60 days.
- A copy of the Rescission Form for the Declaration of Paternity is to be sent by certified mail, return receipt requested, to the other person named as parent advising him or her that the Declaration is being canceled.
- A copy of the form and receipt must be sent to:
Department of Child Support Services Paternity Opportunity Program
P.O. Box 419070
Rancho Cordova, CA 95741-9070
After 60 days have passed since the signing of the
Declaration of Paternity form, the requirements for canceling are more difficult. You may want to seek legal assistance.
State law allows only the people or agencies listed below to obtain copies of these forms:
- Parents;
- The child;
- County Child Support Services agencies;
- County Welfare Departments;
- County Counsel;
- The Courts
A parent requesting a copy of their
Declaration of Paternity
form filed with the State of California should either complete a
Parents
Request Form for Declaration of Paternity (CS 918). This form is available
from the Office of the Family Law Facilitator or Department of Child Support
Services; or send a letter to:
Department of Child Support Services Paternity Opportunity Program
P.O. Box 419070
Rancho Cordova, CA 95741-9070
If you are sending a letter, be sure to include all the identifying information about the child and the parents, and sign the letter.
The Court cannot make any orders for support, custody or visitation until
paternity is established. Both parents may have signed a Voluntary Declaration
of Paternity at the hospital when the child was born or paternity may also
be established by filing a Petition to Establish a Parental Relationship
and bringing the case before a judge. After paternity has been established,
child support can be requested in the paternity case or by filing a Petition
for Custody and Support of Minor Children.
All of the information in a paternity case is private. The only people who can look in the court file are:
- The mother and father
- Attorneys of the mother and father
- The Department of Child Support Services if they are involved in the case.
There are two (2) ways a man, who is not married to the child’s mother, can
get his name on his child's birth certificate. He can:
- Sign a Declaration of Paternity (at the hospital or later) or
- Legally establish paternity through the court by filing a Petition to Establish a Parental Relationship to start a parentage case.
Once paternity has been officially and legally established, the parents may add the father’s name to the birth certificate by requesting form VS 22,
Application to Amend a Birth Record-Acknowledgment of Paternity, from their county’s Local Registrar of Births and Deaths.
This form is available at no charge from:
- Offices of local registrars of births and deaths
- State Registrar in Sacramento
- County Clerk-Recorder's offices
Mail the completed form and required fee to:
Office of Vital Records, MS 5103
P.O. Box 997410
Sacramento, CA 95899-7410
