Family Law

• Why should I start a paternity petition?
  • If a child is born outside of a marriage, a “petition to establish a parental relationship” establishes a legal bond between the child and its parents.
  • A “judgment of parental relationship” may be necessary for child support, child custody and visitation orders, or some benefits, like certain Social Security benefits.
• Who may start a petition to establish a parental relationship?
  • Either parent may start a petition to establish a parental relationship.
  • In some instances, the County of San Diego may start a petition to establish a parental relationship in order to start a child support order.

For additional information regarding parentage cases in California please visit the self-help guide from the California Courts Parentage (Paternity) - paternity_famlaw_selfhelp (ca.gov)

• Who can file for a DV-TRO?
  • Anyone who has experienced abuse from a person with whom they have a “close relationship” like a spouse, significant other (boyfriend/girlfriend), or specific family members (parent, child, sibling).
• What is abuse?
  • Physically hurting or trying to hurt someone, intentionally or recklessly;
  • Sexual assault;
  • Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
  • Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
• If I file for DV-TRO against my partner, what orders can I ask the court to make about our child?
  • You may ask the court to make orders about custody, visitation and child support.
  • The Court may order you and your partner to attend mediation to figure out a parenting plan that will include legal custody, physical custody and visitation.

For additional information regarding domestic violence restraining orders in California please visit the self-help guide from the California Courts Domestic Violence - dv_abuse_selfhelp (ca.gov)

• Where should I file my case?
  • You should start your petition in the court that your zip code is assigned to.
  • ADM-254 Zip Code List (ca.gov)
• Is there a fee for filing a petition?
  • Yes, there is a filing fee when you are starting a case and when you are answering a case.
  • But, you may fill out an application to see if you qualify for a fee waiver. If approved, you do not have to pay any filing fees.

See the self-help guide for more information: Fee Waivers - getting_started_selfhelp (ca.gov)

Community Property/Community Assets/Community Debts - any asset or debt acquired by either spouse from the date of marriage to the date of separation, unless received as a gift or inheritance. 

Dissolution of Marriage - means the same as divorce. It is the process by which a marriage is ended in the state of California. 

Establishment of Parental Relationship – establishes a legal relationship between a parent and child, often referred to as a “paternity judgment.” 

Judgment - is a court document letting you know that the case is done. Some examples of judgments are a Judgment Establishing a Parental Relationship or a Judgment of Dissolution.  

Legal Custody - the right to make decisions about a child’s health, education and welfare. 

Mediation/Family Court Services - an informal meeting involving a child’s parents and the mediator to discuss a parenting plan for the child and which parent should have legal/physical custody of the child and who should have visitation. 

Request for Order (RFO) - a motion for temporary orders before trial, such as child custody/visitation, child support and spousal support. An RFO can also be filed after a judgment to modify or enforce orders. 

Petition - the legal document to start a case. 

Petitioner - the person who starts a case by filing the petition. 

Physical Custody – describes the way the parents share time with the child(ren). The person with whom the children live with most of the time has “physical custody” and the other parent is the non-custodial parent. 

Respondent - the party who “responds” to, or answers, a petition. 

Response - the legal document to answer a case. 

Separate Property - any property acquired before marriage, after separation, or gifts/ inheritances. 

Summons - is the legal document letting you know that you have been sued, and your rights and duties upon filing or being served with the summons. 

Visitation - the non-custodial parent’s time with the child.