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Open a Petition for Custody and Support

Step 1:  Filling out the paperwork

Petition for Custody and Support (FL-260): Fill this out completely. 
Summons (FL-110): Fill out the first page.   This lets the other party know that they are being sued and that they have 30 days to respond. The second page has automatic restraining orders that apply to both parties during they case (that means that you should read and follow them, too!)
UCCJEA (FL-105): The court wants to know where the child(ren) have been living for the past five years and if anyone else has a custody claim on them.

Step 2:  Making Copies and Filing the paperwork

Sign and date the paperwork that you filled out in Step 1. Make two copies.  Bring the originals and two copies to the court for filing.
The court takes cash or check only.   Checks should be made out to Placer County Superior Court.  If you cannot to pay the filing fees, request fee waiver forms from the filing clerk.
The filing window is in the Family Court, at 10820 Justice Center Drive, Roseville, CA 95678   (You can also mail your documents for filing at this address.  If you do, be sure to include a self-addressed, stamped envelope to get your two copies back.).  The court clerk will give you back the two copies. They will have a court stamp on them.  One copy is for your records; one copy is for serving on the other party.

Step 3: Serving the papers

You must serve a copy of all the papers on the other party, along with a blank Response (FL-220) and a blank UCCJEA (FL-110) must have the other party personally served.  Have a friend or relative over the age of eighteen give the papers to the other party.

Step 4: Filling out the proof of service

The person who serves the papers on the other party needs to fill out the attached Proof of Service of Summons (FL-115).  Be sure to fill in the date and time that the Respondent was served..  The Proof of Service needs to be filed with the court  (see Step 2). There is no fee for this.  You do not need to make any copies unless you want one for your records (a good idea!).

Don't forget to file an order to show cause if you think the other party will disagree with your petition or if you need to have child support set.

 

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