When parents are not married, either parent can file a Petition under the Uniform Parentage Act (UPA) to legally establish parentage.
The court cannot issue custody, visitation, or child support orders until legal parentage is established.

A typical UPA case has three stages:

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1. Establishing Legal Parentage

• The first step is determining who the legal parents are.

• Sometimes this is straightforward, such as when both parents sign a Voluntary Declaration of Parentage.

• Other times, the court must consider not only biology but also who has acted as the child’s parent.

• California law now recognizes that:

  • Being a biological parent is important but not always decisive.

  • A person may become a legal parent through their conduct, such as living with the child and consistently acting as a parent.

  • In rare cases, courts may recognize more than two parents when that outcome best protects the child’s emotional well-being.

This area of law has become much more complex, and each case must be evaluated carefully before filing.

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2. Custody, Visitation, and Child Support

Once parentage is legally established, the court can make orders for:

• Legal and physical custody

• Visitation / parenting time

• Child support and medical support

Most counties require parents to attend custody mediation before a judge will issue parenting orders.
Many cases resolve at this stage through a negotiated agreement.

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3. Continuing Court Oversight

A parentage case normally remains open until the child turns eighteen.
Either parent may return to court to request changes in custody, visitation, or support if circumstances change.
Because families evolve, these cases sometimes require ongoing attention during the child’s minority.