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The FL-210 form, often referred to as the Summons for Parentage, Custody, and Support, plays a critical role in family law proceedings in California. This document initiates legal action regarding custody, child support, and establishing parental rights. Once served, it notifies the respondent—the individual being sued—of their rights and responsibilities in this legal matter. Respondents must act promptly; they have 30 days to submit a response or face potential consequences, including unfavorable custody orders and financial obligations for child support. The FL-210 also includes a standard restraining order that prevents either party from removing minor children from the state or applying for passports without mutual consent or court approval. Additionally, it provides information about possible fee waivers for those unable to afford court costs. The form underscores the importance of legal advice, encouraging respondents to seek support from legal professionals or self-help centers, ensuring they understand their options and obligations in this significant step of family law proceedings.

Form Sample

SUMMONS

 

FL-210

CITACIÓN (PaternidadCustodia y Manutención)

(Parentage—Custody and Support)

 

 

 

FOR COURT USE ONLY

NOTICE TO RESPONDENT (Name):

 

(SOLO PARA USO DE LA CORTE)

 

 

AVISO AL DEMANDADO (Nombre):

 

 

You have been sued. Read the information below and on the next page.

Lo han demandado. Lea la información a continuación y en la página siguiente.

Petitioner's name:

El nombre del demandante:

CASE NUMBER: (Número de caso)

You have 30 calendar days after this Summons and Petition Tiene 30 dias de calendario después de habir recibido la entrega legal are served on you to file a Response (form FL-220 or FL-270) de esta Citación y Petición para presentar una Respuesta (formulario

at the court and have a copy served on the petitioner. A FL-220 o FL-270) ante la corte y efectuar la entrega legal de una copia letter, phone call, or court appearance will not protect you. al demandante. Una carta o llamada telefónica o una audiencia de la

corte no basta para protegerlo.

If you do not file your Response on time, the court may make

Si no presenta su Respuesta a tiempo, la corte puede dar órdenes que

orders affecting your right to custody of your children. You

afecten la custodia de sus hijos. La corte también le puede ordenar que

may also be ordered to pay child support and attorney fees

pague manutención de los hijos, y honorarios y costos legales.

and costs.

 

 

 

For legal advice, contact a lawyer immediately. Get help

Para asesoramiento legal, póngase en contacto de inmediato con un

finding a lawyer at the California Courts Online Self-Help

abogado. Puede obtener información para encontrar un abogado en el

Center (www.courts.ca.gov/selfhelp), at the California Legal

Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en

Services website (www.lawhelpca.org), or by contacting your

el sitio web de los Servicios Legales de California (www.lawhelpca.org),

local bar association.

o poniéndose en contacto con el colegio de abogados de su condado.

 

NOTICE: The restraining order on page 2 remains in effect AVISO: La órden de protección que aparecen en la pagina 2

against each parent until the petition is dismissed, a judgment continuará en vigencia en cuanto a cada parte hasta que se emita un

is entered, or the court makes further orders. This order is

fallo final, se despida la petición o la corte dé otras órdenes. Cualquier

enforceable anywhere in California by any law enforcement

agencia del orden público que haya recibido o visto una copia de estas

officer who has received or seen a copy of it.

orden puede hacerla acatar en cualquier lugar de California.

 

 

FEE WAIVER: If you cannot pay the filing fee, ask the clerk

EXENCIÓN DE CUOTAS: Si no puede pagar la cuota de presentación,

 

for a fee waiver form. The court may order you to pay back all pida al secretario un formulario de exención de cuotas. La corte puede

or part of the fees and costs that the court waived for you or

ordenar que usted pague, ya sea en parte o por completo, las cuotas y

costos de la corte previamente exentos a petición de usted o de la otra

the other party.

parte.

 

[SEAL]

1.The name and address of the court are: (El nombre y dirección de la corte son:)

2.The name, address, and telephone number of petitioner’s attorney, or petitioner without an attorney, are: (El nombre, la dirección y el número de teléfono del abogado del demandante, o del demandante si no tiene abogado, son:)

Date (Fecha):

Clerk, by (Secretario, por)

 

, Deputy (Asistente)

 

 

 

 

 

Page 1 of 2

 

 

 

 

 

Form Adopted for Mandatory Use

SUMMONS

Family Code, §§ 232, 233, 7700;

Judicial Council of California

(ParentageCustody and Support)

 

Cal. Rules of Court, rule 5.50

FL-210 [Rev. January 1, 2015]

 

www.courts.ca.gov

FL-210

STANDARD RESTRAINING ORDER

(Parentage—Custody and Support)

ORDEN DE RESTRICCIÓN ESTÁNDAR

(Paternidad—Custodia y Manutención)

Starting immediately, you and every other party are restrained from removing from the state, or applying for a passport for, the minor child or children for whom this action seeks to establish a parent-child relationship or a custody order without the prior written consent of every other party or an order of the court.

This restraining order takes effect against the petitioner when he or she files the petition and against the respondent when he or she is personally served with the Summons and Petition OR when he or she waives and accepts service.

This restraining order remains in effect until the judgment is entered, the petition is dismissed, or the court makes other orders.

This order is enforceable anywhere in California by any law enforcement officer who has received or seen a copy of it.

En forma inmediata, usted y cada otra parte tienen prohibido llevarse del estado a los hijos menores para quienes esta acción judicial procura establecer una relación entre hijos y padres o una orden de custodia, ni pueden solicitar un pasaporte para los mismos, sin el consentimiento previo por escrito de cada otra parte o sin una orden de la corte.

Esta orden de restricción entrará en vigencia para el demandante una vez presentada la petición, y para el demandado una vez que éste reciba la notificación personal de la Citación y Petición, o una vez que renuncie su derecho a recibir dicha notificación y se dé por notificado.

Esta orden de restricción continuará en vigencia hasta que se emita un fallo final, se despida la petición o la corte dé otras órdenes.

Cualquier agencia del orden público que haya recibido o visto una copia de esta orden puede hacerla acatar en cualquier lugar de California.

NOTICEACCESS TO AFFORDABLE HEALTH INSURANCE Do you or someone in your household need affordable health insurance? If so, you should apply for Covered California. Covered California can help reduce the cost you pay toward high-quality, affordable health care. For more information, visit www.coveredca.com. Or call Covered California at 1-800-300-1506.

AVISOACCESO A SEGURA DE SALUD MÁS ECONOMICO Necessita seguro de salud a un costo asequible, ya sea para usted o alguien en su hogar? Si es asi, puede presentar una solicitud con Covered California. Covered California lo puede ayudar a reducir al costo que paga por seguro de salud asequible y de alta calidad. Para obtener más información, visite www.coveredca.com. O llame a Covered California al 1-800-300-0213.

FL-210 [Rev. January 1, 2015]

 

SUMMONS

 

 

 

 

 

 

(Parentage—Custody and Support)

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

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Document Specifications

Fact Name Details
Form Purpose The FL-210 form is a summons for cases related to parentage, custody, and support.
Respondent's Rights The respondent has 30 calendar days to file a response after being served.
Legal Representation Both parties are encouraged to seek legal advice for assistance with their rights and obligations.
Restraining Order A standard restraining order is effective immediately against both the petitioner and the respondent regarding the minor child.
Enforceability The restraining order can be enforced by any law enforcement officer in California.
Fee Waiver If unable to pay filing fees, the respondent can request a fee waiver from the court.
Governing Law The FL-210 form is governed by California Family Code sections 232, 233, and 7700.

Steps to Filling Out Fl 210

Completing the FL-210 form can seem daunting, but with clear steps, it becomes a manageable task. This form is essential in legal proceedings regarding parentage, custody, and support. Ensure you have all the required information at hand to fill in the form accurately. Below are the steps to guide you through the process.

  1. Obtain the FL-210 Form: You can download the form from the California Courts website or get a physical copy from your local courthouse.
  2. Identify the Court: At the top of the form, fill in the name and address of the court where the case is being filed.
  3. Enter Case Number: If you already have a case number, provide it in the designated area. If you do not have one yet, leave this section blank for the court to fill in later.
  4. Respondent's Name: Clearly write the full name of the respondent in the space provided, as they are the individual being sued.
  5. Petitioner's Information: Fill in the petitioner's name, which is you or your attorney, if applicable. Include the address and a contact phone number.
  6. Review Notices: Read through the notices regarding the rights and responsibilities of both parties carefully. Understand what is required concerning filing a response.
  7. Sign and Date: At the bottom of the form, sign and date it to confirm that the information provided is accurate and complete.
  8. File the Form: Submit the completed form to the court clerk at the courthouse. Ensure you keep a copy for your records.
  9. Serve the Respondent: After filing, legally serve the respondent with a copy of the form and any related documents to ensure they are informed of the proceedings.

With the FL-210 form filled out and submitted, the next steps involve waiting for the respondent to respond and preparing for the subsequent stages of the legal process. It's crucial to stay informed and prepared as the situation develops.

More About Fl 210

What is the FL-210 form used for?

The FL-210 form, also known as the Summons for Parentage—Custody and Support, is used in family law cases related to establishing parentage, custody, and child support. This form is presented to a respondent, notifying them that they have been sued concerning the legal rights and responsibilities regarding a minor child or children. It outlines the need for the respondent to file a response within a specified time frame to protect their rights in the matter.

What are the important deadlines associated with the FL-210 form?

Once the FL-210 form is served to the respondent, they have 30 calendar days to file a Response using forms FL-220 or FL-270 at the court. It is crucial to meet this deadline, as failing to file a response may lead to court orders that could affect custody rights or impose obligations such as paying child support and attorney fees.

What does the standard restraining order in the FL-210 form entail?

The FL-210 includes a standard restraining order that restricts both parties from removing the minor child or children from the state or applying for their passports without consent from the other party or a court order. This regulation is effective immediately upon the filing of the petition and remains in place until the court resolves the case, at which point a judgment is entered or the petition is dismissed.

What should someone do if they cannot afford the filing fee indicated in the FL-210?

If an individual cannot pay the filing fee associated with the FL-210 form, they can request a fee waiver form from the court clerk. The court may grant a waiver for all or part of the fees. However, it is important to note that the court may later require the individual to repay any waived fees or costs if deemed necessary.

Common mistakes

  1. Not Reading Instructions Thoroughly: Many individuals rush through the form without carefully reading the instructions. Missing key information can lead to incomplete submissions or incorrect filings.

  2. Incorrect Case Number: Providing an incorrect or missing case number can cause confusion and delays. It’s essential to ensure that the case number matches what is on file with the court.

  3. Omitting Required Signatures: Some people forget to sign the form. Without a signature, the court may not accept the document, which can delay proceedings significantly.

  4. Failing to Keep Copies: After submitting the form, it is vital to keep a copy for personal records. Failing to do this can lead to difficulties in tracking responses or procedures later on.

Documents used along the form

In family law cases, especially those dealing with parentage, custody, and support, various forms complement the FL-210 form. Each of these documents serves a specific purpose in ensuring the legal process runs smoothly and that all parties involved understand their rights and responsibilities.

  • FL-220: Response to Petition for Custody and Support – This form is essential for the respondent to formally reply to the petition filed against them. It outlines their position regarding custody, support, and any other relevant issues.
  • FL-270: Response to Petition to Establish Parental Relationship – Similar to the FL-220, this document is used when responding specifically to a petition regarding parentage, allowing the respondent to assert their claims and defenses.
  • FL-300: Request for Order – This form allows either party to request temporary or permanent orders from the court regarding custody, visitation, or support issues while the case is pending.
  • FL-150: Income and Expense Declaration – This financial form helps both parties provide the court with a clear picture of their financial situation, which is crucial for determining child support obligations.
  • FL-343: Child Custody and Visitation Application – Used to apply for arrangements regarding child custody and visitation rights, this document is vital for setting up the living and visitation situations for children involved.
  • FL-260: Child Custody and Visitation Order – After the court makes decisions on custody and visitation, this form documents the court's orders regarding those matters officially.
  • FL-225: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act – This form helps determine jurisdiction in cases involving children when multiple states might be involved, ensuring proper legal processes are followed.
  • FL-335: Notice of Rights and Responsibilities – A document that lays out the rights and responsibilities of each parent regarding custody and visitation, ensuring both parties understand their obligations.
  • FL-311: Stipulation to Establish or Modify Child Support – If the parties agree on child support terms, this form serves to formalize that agreement with the court, simplifying the process for enforcement.

Understanding and utilizing these forms alongside the FL-210 is crucial in navigating the complexities of family law cases. Each document plays a key role in protecting the rights of both parents and their children throughout the legal process.

Similar forms

The FL-210 form is similar to the FL-220 Response form. The FL-220 is the official document used by the respondent in a custody and support case to answer the charges laid out in the FL-210. While the FL-210 notifies the respondent of the lawsuit, the FL-220 allows the respondent to present their side of the story. It outlines their position, requests for custody, visitation, or support, and general responses to the claims made by the petitioner. The FL-220 must be filed with the court within 30 days, ensuring both parties have the opportunity to present their case.

The FL-260 form is also related to child custody and support matters. Like the FL-210, it serves as a summons but is specifically used for issues involving modifications to existing custody orders. The FL-260 notifies the affected parties about the changes being sought. Similar to the processes initiated by the FL-210, this document sets timelines for responses, ensuring that all parties are aware of their obligations under the law. Both forms strive to facilitate fair legal proceedings surrounding custody issues.

Another related document is the FL-300 Request for Order form. This form is used by either party to ask the court for specific orders regarding child custody, visitation, or support. It differs from the FL-210, which is a summons, because the FL-300 focuses on making a formal request for specific actions. However, they both play fundamental roles in child custody cases, as the FL-300 response often follows the notifications set forth in the FL-210 regarding custody matters.

The FL-330 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is another important document in custody cases. This form aims to establish whether the child’s home state law allows for it to assert jurisdiction over custody issues. Like the FL-210, it is concerned with where the child resides and the legal authority to decide matters affecting their well-being. This helps define the court’s authority in line with the rules governing child custody across state lines.

The FL-310 Child Custody and Visitation Application form aligns with the FL-210 in focusing on the rights and responsibilities of each parent regarding custody and visitation. This form is used in situations where parents need the court to define or modify existing arrangements. While the FL-210 serves as a summoning document to initiate the legal process, the FL-310 both formally requests specific custody arrangements and helps clarify the needs of the children involved.

The FL-420 Child Support Case Registry Form is also similar in context, as it collects vital information about the parties involved in a child support case initiated by the FL-210. This form allows the court to maintain updated records regarding the financial responsibilities of each party. Though its purpose is distinct, both documents are pivotal in the broader structure of family law, supporting the establishment of child support obligations once the custody case is underway.

The FL-200 Petition for Custody and Support of Minor Children is also relevant, as it lays the groundwork for a child custody case, much like the FL-210. While the FL-210 summons the parties, the FL-200 petitions the court for specific relief regarding child custody arrangements. Both play critical roles in making court proceedings clear and organized, ensuring that all parties understand the nature and seriousness of the claims being made.

Finally, the FL-250 Proof of Service of Summons form is crucial as it documents that the FL-210 has been properly served to the respondent. The Proof of Service confirms that the respondent is aware of the legal action against them. This form is necessary to validate the legal processes initiated by the FL-210 and is vital for ensuring that the court can proceed with the case, maintaining visibility on each party's status in the judicial process.

Dos and Don'ts

Things You Should Do When Filling Out the FL-210 Form:

  • Read all instructions carefully before starting.
  • Provide accurate information about yourself and the other party.
  • Sign and date the form where required.
  • File the form with the appropriate court within the specified timeframe.
  • Include your case number on all documents.
  • Keep a copy of the completed form for your records.
  • Contact a lawyer if you need legal help.
  • Check for any additional requirements or documents needed for your case.
  • Be clear and concise in your responses.

Things You Shouldn't Do When Filling Out the FL-210 Form:

  • Do not provide false or misleading information.
  • Do not forget to sign the form.
  • Do not miss the filing deadline.
  • Do not ignore the requirement to serve the other party.
  • Do not leave any sections blank unless instructed.
  • Do not hesitate to seek help if you do not understand something.
  • Do not forget to preserve your rights by responding to the petition.
  • Do not rely solely on phone calls or letters for communication.
  • Do not skip the fee waiver request if you can't afford the fees.

Misconceptions

There are several misconceptions about the FL-210 form that can create confusion. Understanding the facts can help individuals navigate their responsibilities and rights effectively.

  • This form is only relevant in child custody cases. The FL-210 is primarily used for establishing parentage, but it also addresses custody and support issues. It encompasses a broader range of family law matters beyond just custody.
  • You can respond to the Summons with just a phone call or a letter. This is not true. Respondents must file a formal Response using the appropriate forms (FL-220 or FL-270), and simply contacting the court or the other party will not suffice to protect your rights.
  • You have unlimited time to respond after receiving the Summons. This is a critical misconception. Respondents have only 30 calendar days from the date of service to file their Response. Failing to do so can result in the court making decisions without your input.
  • The restraining order included in the FL-210 is optional. On the contrary, the restraining order takes effect automatically and is enforceable by law enforcement. It is intended to prevent either party from removing children from the state without consent or court permission.
  • Filing a fee waiver guarantees you won’t pay court fees. While individuals can request a fee waiver if they cannot afford the filing fees, the court retains the authority to order reimbursement of those fees at a later date, potentially requiring the party to repay all or part of the waived costs.
  • Legal advice is unnecessary when filling out the FL-210 form. Seeking legal advice is highly recommended. The implications of the matters addressed in this form can significantly affect your rights and responsibilities, so obtaining guidance from a qualified attorney is advisable.

Understanding these key points will help in navigating the complexities associated with the FL-210 form. It is always prudent to seek clarification when in doubt and to meet all necessary deadlines to protect your interests.

Key takeaways

The FL-210 form is a critical document in cases involving parentage, custody, and support arrangements in California. Below are key takeaways to consider when filling out and using this form.

  • Understanding Timeframes: Respondents have 30 calendar days from the date of being served to file a Response (using form FL-220 or FL-270) with the court. Failure to respond in time may result in loss of custody rights or imposition of obligations such as child support.
  • Importance of Legal Representation: It is advisable for individuals to seek legal advice immediately after being served. Resources such as the California Courts Online Self-Help Center or local bar associations can provide assistance in locating a lawyer.
  • Standard Restraining Orders: A restraining order is automatically applied, preventing either parent from removing a child from California or applying for a passport without consent from the other parent or a court order. This order is effective upon service of the Summons and remains in effect until resolved by the court.
  • Fee Waiver Option: If a party cannot afford the filing fee, they can request a fee waiver form from the court clerk. The court may later require reimbursement of costs that were waived.
  • Access to Health Insurance: The FL-210 form provides information on affordable health insurance options through Covered California. Individuals may qualify for assistance in covering health care costs.