How do I file my first request for child custody and visitation orders in California if I am not married to the other parent?

To get child custody and visitation orders when you are not married, you must file a "Petition to Establish Parental Relationship" with the court. This case legally establishes parentage and allows a judge to make custody, visitation, and child support orders. Here is how to file your first request: Step 1: Obtain and Complete the Required Forms You must fill out several forms to open a case. The primary forms are the Petition to Establish Parental Relationship (FL-200), Summons (FL-210), and the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105). If you are requesting specific custody orders now, also complete the Request for Order (FL-300). You can get these forms from the California Courts website or the local court clerk's office. Step 2: File Your Forms with the Court Clerk Make at least two copies of all your completed forms. Take the original and the copies to the superior court in the county where your child has lived for the last six months. You will have to pay a filing fee. If you have a low income, you can ask for a fee waiver by filing a Request to Waive Court Fees (FW-001). The clerk will keep the original forms, stamp your copies, and assign a case number. Step 3: Formally Notify (Serve) the Other Parent You must have another adult (who is over 18 and not you) personally hand-deliver copies of the filed court forms to the other parent. This is called "personal service." After delivering the papers, this person must fill out and sign a Proof of Service of Summons (FL-230) form. This step has very strict legal deadlines and rules. Step 4: File the Proof of Service File the original, completed Proof of Service (FL-230) with the court clerk. This tells the judge that the other parent was properly notified. The other parent then has 30 days to file a response with the court. Important Details and Nuances The court's decision will be based on the "best interest of the child," as outlined in California Family Code Sections 3011 and 3020. In most cases, you and the other parent will be required to attend mandatory child custody mediation to try and reach an agreement before your court hearing. Warnings and Limitations You cannot be the person who serves the court papers on the other parent. If you have concerns about domestic violence, you can request temporary emergency orders when you file your petition to ensure the safety of you and your child. This is general information and does not constitute legal advice. For complex situations, especially those involving disagreements over parentage or a history of domestic violence, you should consult with a qualified California family law attorney.