We were never married. How do I get custody of our child in California?

What the law says

The courts’ parentage guide: “In California, only legal parents can get custody and visitation (parenting time) orders about their child.”

Family Code section 7573(d) says a completed voluntary declaration filed with the Department of Child Support Services “is equivalent to a judgment of parentage of the child and confers on the declarant all rights and duties of a parent,” subject to the sections on rescinding and challenging it. Form FL-260, item 2, has the petitioner check at least one reason for using it: the parents signed one and no action about the children has been filed in any other court, adopted the child together, were determined to be the parents in juvenile court or governmental child support, or are married to each other with no dissolution, legal separation, or nullity action pending. The form warns that it “will not terminate a marriage or domestic partnership and will not determine a parental relationship.”

In a parentage case, section 7637 says the judgment or order “may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child,” among other matters in the child’s best interest. Form FL-200 asks the court to decide who is a parent (item 7) and then legal custody, physical custody, and visitation (item 8), with details on FL-311 or the other listed attachments.

• California Courts self-help: parentage in California
• Family Code section 7573 (leginfo.legislature.ca.gov)
• Family Code section 7637 (leginfo.legislature.ca.gov)
• Form FL-260, Petition for Custody and Support of Minor Children, Rev. September 1, 2021 (PDF)
• Form FL-200, Petition to Determine Parental Relationship (Uniform Parentage), Rev. September 1, 2021 (PDF)

What to do next

Either petition is filed with a Summons (form FL-210) and a completed UCCJEA declaration (form FL-105). The self-help guide says filing a parentage case does not get you a court date, so to get custody, visitation, or support orders while the case is open you also file a Request for Order (FL-300). You can instead ask the local child support agency to open a case to establish parentage and child support orders.

• California Courts self-help: start a parentage case
• How do I file for custody in California if there’s no court case yet?
• FL-300, box by box
• How do I challenge paternity in California?