How can an immigrant parent establish parental rights or custody in a California family court?

An immigrant parent can establish parental rights and custody in California, as immigration status does not determine a parent's rights to their child. The court's primary focus is the child's best interest, regardless of a parent's legal status. Here are the steps to establish parental rights and custody in a California court: Step 1: File a Petition to Establish Parental Relationship If you are not legally recognized as the parent, you must first file a "Petition to Establish Parental Relationship" (Form FL-200) with the Superior Court in the county where your child lives. This form asks the court to legally declare you as the child's parent. You can find this form on the California Courts website (courts.ca.gov). Step 2: File a Request for Custody Orders At the same time you file the petition, or anytime after, you must file a "Request for Order" (Form FL-300). On this form, you will explain the specific custody orders you want, including legal custody (decision-making) and physical custody (where the child lives), along with a proposed visitation schedule. Step 3: Serve the Papers on the Other Parent You must have another adult (not you) formally deliver copies of the filed court forms to the child's other parent. This is called "service." The server must complete a "Proof of Service" form and file it with the court. The other parent generally has 30 days to file a response. Step 4: Attend Mandatory Mediation Before a judge makes a ruling, California law requires both parents to attend free mediation with Family Court Services. A neutral mediator will help you and the other parent try to create a mutually agreeable parenting plan. Step 5: Prepare for and Attend the Court Hearing If you cannot agree in mediation, a judge will hold a hearing. Gather evidence showing you are a capable and caring parent, such as photos, emails, school records, and statements from witnesses who know your relationship with your child. The court can provide an interpreter if you need one. Important Details and Nuances: A judge cannot deny you custody or visitation simply because you are an immigrant or are undocumented. All decisions are based on the "best interest of the child," which includes factors like the child's health, safety, and the parent's ability to care for the child. Warnings and Limitations: Be aware that if your child has lived in another state or country within the last six months, jurisdictional issues may arise under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which can complicate your case. Family court proceedings are separate from immigration enforcement, but you should be cautious. This is general information and does not constitute legal advice. For complex situations, especially those involving international custody or domestic violence, you should consult with a qualified California family law attorney.