Establishing Parentage (Paternity) in Riverside County: The FL-200 Packet, the Voluntary Declaration and What Comes After

The California Courts self-help guide says a person is generally a legal parent if the person is the birth parent (not a surrogate), was married to or a registered domestic partner of the other parent when the child was born or conceived, signed and filed a declaration of parentage with the other parent, or was found to be a parent by a judge¹. Only legal parents can seek custody or visitation, and they must support the child. Parentage also affects the birth certificate, inheritance and certain benefits, and, for a child born abroad, possibly U.S. citizenship¹.

A voluntary declaration of parentage (VDOP) is a free form signed by two parents. It is not valid until it is filed with the Parentage Opportunity Program of the Department of Child Support Services; once filed, it has the same effect as a court order². Family Code section 7573 calls a completed, filed declaration “equivalent to a judgment of parentage of the child,” and says it takes effect on filing; out-of-state declarations get full faith and credit⁶.

It can be signed at the hospital, or later before a local child support agency, a registrar of births, a Family Law Facilitator or a welfare office, or before a notary after emailing [email protected]². Signing waives genetic testing and a trial². Two people, married or not, who had a child through assisted reproduction using donor egg or sperm can sign one (unless the donor is the spouse), and assisted reproduction and surrogacy cases may need extra steps². Riverside has a separate local rule for surrogacy, Rule 5115⁷.

Canceling has strict time limits, and the page says it is easiest within 60 days². Under section 7575, either parent may rescind within 60 days of signing, unless a court order for custody, visitation or child support has been entered⁵.

The self-help guide describes three stages: start the case, serve the other person, and finalize by agreement or by the judge’s decision³⁸. The Riverside court’s FAQ gives the forms to start⁴:

1. Summons (FL-210).
2. Petition to Establish Parental Relationship (FL-200), titled on the Judicial Council form “Petition to Determine Parental Relationship (Uniform Parentage),” which cites Family Code section 7630 (revised September 1, 2021)³.
3. Declaration of Residence (RI-FL036, a Riverside local form).
4. FL-105, which the FAQ lists with the minimum forms when children are involved.

An alternative is the Petition for Custody and Support of Minor Children (FL-260), which the court’s paternity flow chart shows beside the parentage petition⁹.

Sources disagree The court’s paternity flow chart labels the Petition to Establish Parental Relationship “FL-210”⁹. The court’s FAQ and the Judicial Council form identify the petition as FL-200 and the summons as FL-210⁴³. The form itself governs; FL-200 is the petition.

The chart, which says the court provides free Family Law Workshops and form packets for these steps, also shows that the other side is personally served with all the filed paperwork, and that an Income and Expense Declaration (FL-150) is filed if child support is requested⁹. Temporary orders for custody, visitation or support can be requested with a Request for Order; the chart says that parents who agree do not need temporary orders⁹. The FAQ says the filer cannot personally serve the papers in their own case⁴.

After service

The other parent has 30 days from service to file a Response (FL-220)⁴. If no response is filed, the FAQ lists the default forms: FL-165, FL-230, FL-250, FL-190, FL-191 and FL-192⁴. The chart notes that a default judgment submitted by agreement needs the respondent’s signature notarized⁹. If a response is filed, the chart shows two paths: a judgment submitted for approval if the parties agree on all issues, or a Request for Settlement Conference and Trial (RI-FL008) and then trial⁹. The result is a parentage, custody and support judgment⁹. Filing locations follow the court’s administrative order on where family law documents are filed; see which courthouse takes your case⁷.

The self-help guide says a judge may order genetic testing if the genetic father is in question, but considers many factors and can find someone a legal parent without a genetic link¹. Family Code section 7551 lets the court order testing on its own initiative or on request, says a court shall not order in utero genetic testing, allows the court to resolve parentage against a party who refuses, and makes a testing order enforceable by contempt¹⁰. A local child support agency can arrange free proof of parentage¹¹.

A person is presumed a parent under section 7611 if married to the child’s natural mother (now or before), attempted to marry her before or after the birth, or “receives the child into their home and openly holds out the child as their natural child”¹². Under section 7612 the presumption can be rebutted in an appropriate action only by clear and convincing evidence, and a court may find more than two parents if recognizing only two would be detrimental to the child (operative January 1, 2020)¹³. Section 7540 conclusively presumes a child born to spouses who lived together at conception and birth to be a child of the marriage, subject to section 7541 and one narrow exception¹⁴.

Once parentage is established, the judgment or declaration lets a legal parent ask for custody and visitation and obligates both to support the child¹; the court’s FAQ says a non-biological parent may be ordered to pay support in certain circumstances, for example where the person has treated the child as his or her own⁴. Setting aside a parentage judgment is difficult, with few grounds and strict deadlines¹.

The court’s own words Disputing established paternity “is often too late.”⁴