Default with agreement in a parentage case
If you and the person who started the parentage case are in agreement about all of the decisions you want the court to make, you can finish a parentage case without you having to file a response.
You can agree to a default decision about parentage
If you don’t file a response to parentage papers, the other person can request a default.
If you don't respond, but have a written, notarized agreement with the person who started the case (the petitioner), the court can determine parentage based on your agreement and what the law says. The agreement must say whether you agree that you both are the parents of the child. If so, you can also include in the agreement whether you both agree to child support, child custody, and visitation (parenting time) orders.
This is called a default with agreement. You don't file a response. When the other person requests a default, they give the court your written agreement and the court uses this to make a decision. The court will mail you a form (Notice of Entry of Judgment (form FL-190)) letting you know your case is finished. If you don't get one in the mail, you can ask for a copy of your final court orders (Judgment (form FL-250)) at the court where the case was filed.
In a default with agreement, you give up some of the rights you have if you respond
- If you are the father, this means you are waiving (giving up) your rights to paternity tests and a trial on paternity.
- In a same-sex situation, this means you are giving up the right to present evidence of the intent (or lack of intent) to be the child's parent.