Finish your petition for custody and support in a default

To finish your child custody and support case, you must turn in a set of final forms to the court. These forms let the court know you met the required steps to get a default. They also say what child custody and support orders you want the judge to make. 

Before you start

Check that you are ready to submit your default judgment:

  • It’s been more than 30 days since you served your child's other parent with a Summons and Petition
  • Your child's other parent never filed a response 

  • You filed a Proof of Service of Summons (form FL-115

The court can’t process your final judgment forms if you haven't filed a Proof of Service of Summons. If you haven’t filed it yet, you can file it when you turn in the final forms.

If the other person is active duty military,

talk to a lawyer or ask for help at the court's Self-Help Center. There are different rules you need to follow. 

How to prepare forms to finalize child support and custody in a default

  • Fill out form to ask for a default

    This form asks the court to enter a default because your child's other parent didn’t respond. Once filed, the clerk mails a copy to the other person.

    • Request to Enter Default (form FL-165

      On item 2, you can check box e. You do not need to complete a Property Declaration because there's no division of community property.

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    You can turn in the Request to Enter Default now or turn it in with the rest of your forms later. This form makes it so that the other person can’t file a Response without the court’s permission.

  • Fill out judgment forms

    • Declaration for Default or Uncontested Judgment (form FL-230)

      This explains what orders you want the judge to make in the final judgment.

    • Judgment (Uniform Parentage — Custody and Support) (form FL-250)

      This is the final court order. You will need to attach more forms to this.

    • Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support) (form FL-190)

      The court will mail this form back to you after the judge has signed the judgment. It’s the official notice from the court that tells you the case is complete.

    The orders you ask for and the attachments you use must be exactly the same as what was in your Petition

    In a default, the court can only make orders that match what was listed in your Petition. If you want to ask for something different, you'll need to amend (change) your Petition, unless you and other person agree in writing. Talk to your Self-Help Center for information about how to amend your Petition and ask for different orders.
  • Fill out or attach child custody and child support forms

    For child custody and visitation (parenting time)

    Fill out and attach:

    • Child Custody and Visitation (Parenting Time) Order Attachment (form FL-341)

    This tells the court how you want custody and visitation (parenting time) handled.

    For child support

    Fill out and attach:

    • Child Support Information and Order Attachment (form FL-342)

    This tells the court how you want child support handled.

      You must attach:

      This lets you and the other parent know about how to ask the other parent to help pay for any of your child's healthcare costs not covered by insurance and how to ask to change a child support order.

      Also, submit:

      Do not attach the Child Support Case Registry Form to your judgment. Submit it along with everything, if you haven't turned one in before.

      If you want child support to be paid directly from the other parent's paycheck, also submit:

    Petition for custody and support

    What's next?

    Once you're done filling out the forms, you need to prepare envelopes to submit with your forms and bring (or mail) them to the court. 

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    Have a question about Petition for Custody and Support?

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