How to Fill Out California Form FL-260 (w/Examples) + FAQs

California Form FL-260 is the Response to Petition to Determine Parental Relationship, and you fill it out by entering your name and the petitioner’s name at the top, checking the boxes that match your position on parentage, custody, visitation, and support, signing under penalty of perjury, and filing it with the same superior court that issued the original petition within 30 days of being served. The form tells the court whether you agree, disagree, or want genetic testing, and it locks in your legal positions for the rest of the case under the Uniform Parentage Act.

Filing FL-260 wrong, or missing the 30-day window, can lead to a default judgment that names you as a parent, sets child support, and gives custody to the other side without your input. A 2024 Judicial Council court statistics report shows California family courts processed more than 400,000 family law filings in the prior fiscal year, and parentage matters made up a large share of self-represented filings.

Here is what you will learn in this guide:

• 📋 How to complete every line and checkbox on Form FL-260 the right way
• ⚖️ The legal weight behind each response option under the Family Code
• 👨‍👩‍👧 Real examples for unmarried parents, same-sex couples, and presumed parents
• ❌ The most common mistakes that trigger default judgments or sanctions
• 🧾 The exact related forms, fees, and service rules you must follow next

What Form FL-260 Is and Why It Exists

Form FL-260 is the official Judicial Council response form a parent or alleged parent files when someone serves them with a Petition to Establish Parental Relationship (Form FL-200). The form lives inside California’s parentage case track, which sits under Family Code section 7600 and following, known as the Uniform Parentage Act. The court uses your answers on FL-260 to set the issues for trial, decide whether genetic testing is needed under Family Code section 7551, and frame custody, visitation, and support orders.

The form exists because parentage in California is a legal status, not just a biological fact. A man can be a presumed parent under Family Code section 7611 even if he is not the genetic father, and a woman can be a parent of a child she did not give birth to under the assisted reproduction rules in Family Code section 7613. Without a clear response, the court cannot tell where you stand on these legal categories. The consequence of staying silent is harsh: the court can enter a default and treat every claim in the petition as true.

A common misconception is that you can ignore the petition if you think the petitioner is wrong about parentage. That is wrong, and the California Courts self-help guide makes clear you must respond in 30 days or risk default. A real-world example: when Maya in Fresno ignored a petition naming her ex as the father of her child, the court entered default, ordered guideline support, and gave joint legal custody before she ever spoke to a judge.

Federal Backdrop Before California Rules

Federal law sets the floor for parentage and child support enforcement, and California layers its own rules on top. Title IV-D of the Social Security Act requires every state to run a child support program, and the federal Personal Responsibility and Work Opportunity Reconciliation Act pushes states to streamline parentage findings. California complies through the Department of Child Support Services and the Family Code.

The plain-English point is that federal law forces the state to act fast on parentage so children get support, and FL-260 is part of that fast-track machinery. The consequence of treating it as optional is that the federal Office of Child Support Enforcement can still pursue you through state agencies. A common misconception is that federal law overrides California parentage presumptions; in fact, the federal Full Faith and Credit for Child Support Orders Act only governs which state’s order controls, not who the parent is.

When You Must File FL-260

You must file FL-260 within 30 calendar days after personal service of the FL-200 petition, under California Rules of Court, rule 5.62 and Code of Civil Procedure section 412.20. If you are served by mail with a notice and acknowledgment, the clock starts when you sign the acknowledgment. Weekends and court holidays count toward the 30 days, but if day 30 lands on a closed day, you get the next court day.

Missing the deadline does not mean you can never respond. You can ask the court to set aside a default under Code of Civil Procedure section 473(b) within six months, but you must show mistake, inadvertence, surprise, or excusable neglect. The consequence of waiting longer than six months is that you may be stuck with the default judgment forever, including the support arrears it created. Diego in San Diego learned this when he waited eight months after a default and lost the right to challenge a $1,200-per-month support order.

A common misconception is that filing FL-270 (the divorce response) covers a parentage petition. It does not, because parentage cases use the FL-260 form set, and the clerk will reject the wrong response. Always match your response form to the petition form printed in the upper-right caption.

Before You Start: Documents and Information You Need

Pull together your case caption, the children’s basic information, your income data, and any genetic test results before you write a single answer. The Judicial Council instructions for FL-260 list the items you need, and gathering them first prevents inconsistent answers that opposing counsel will exploit at trial.

You also need a copy of the FL-200 petition you were served, because every paragraph of FL-260 mirrors a paragraph in FL-200. The consequence of skipping this step is that you may admit something you meant to deny, and admissions on a verified pleading are very hard to take back under Code of Civil Procedure section 2033.300. A real-world example: Aisha in Oakland accidentally admitted parentage by checking the wrong box and spent six months and $4,000 trying to amend her response.

Required Personal and Case Information

You need your full legal name, current mailing address, telephone number, and email if you want electronic service. You also need the petitioner’s name exactly as it appears on the FL-200 caption, the case number, and the county and branch of the superior court. The California Courts find-my-court tool helps you confirm the branch.

The court rejects forms with mismatched captions, so copy the heading character-for-character. The consequence of a caption typo is a returned filing and a missed 30-day deadline. A common misconception is that the case number on the proof of service is enough; you also need the full court name and branch address.

Children and Parentage Facts

List each child’s full legal name, date of birth, and current age, just as the petition does. You also need to know whether the child was born during a marriage or registered domestic partnership, whether the child was conceived through assisted reproduction, and whether anyone has signed a voluntary declaration of parentage (Form CS 909).

These facts decide which presumption applies under Family Code section 7611. The consequence of guessing is that you may waive a presumption you actually qualify for, like the §7611(d) “holding out” presumption that protects long-term caregivers. A real-world example: Carlos in Los Angeles forgot to mention he had lived with the child for three years and lost a presumed-parent claim that would have given him standing.

Step-by-Step: Filling Out FL-260 Line by Line

The form has a top caption block, eleven numbered items, and a signature block. Follow the order on the form and answer every item, even if your answer is “I do not have enough information.” Leaving items blank is treated as a failure to plead and can be struck under Code of Civil Procedure section 436.

The form is fillable on a computer through the Judicial Council forms portal, and using the typed version cuts down on rejected filings for legibility. The consequence of handwriting in a way the clerk cannot read is rejection at intake. A common misconception is that you can attach a separate letter “explaining” your answers; the court only reads what is on the form and properly attached MC-025 continuation pages.

Caption Block (Top of Page 1)

Type your name, address, and phone number in the Attorney or Party Without Attorney box at the top left. If you are self-represented, write “In Pro Per” or “Self-Represented” where it asks for State Bar number. Then fill the Superior Court of California, County of ___ line with the same county printed on the FL-200.

Copy the petitioner’s full name onto the Petitioner line and your full name onto the Respondent line, then enter the case number on the right. The consequence of mixing up petitioner and respondent is that your pleading may be filed in the wrong party slot, which the Los Angeles Superior Court family law division treats as a clerical defect requiring re-filing.

Item 1: Information About the Children

Item 1 asks you to confirm or deny the child information from the petition. Check box 1a if you agree with the children listed in the petition; check 1b if you disagree and use Form MC-025 to list the correct information. Always include each child’s full name, birth date, and age.

The consequence of skipping this item is that the court may treat the petition’s child list as admitted. A real-world example: Jenna in Sacramento failed to correct a misspelled child’s name and ended up with a judgment that did not match the child’s birth certificate, blocking her from claiming the dependency exemption on her federal taxes. A common misconception is that a stepchild not listed in the petition can be ignored; if the stepchild is part of the parentage dispute, you must add them.

Item 2: Statistical Facts (Marriage and Separation)

Item 2 only applies if the parties were married or in a registered domestic partnership. Check 2a if you agree with the dates of marriage and separation in the petition, or 2b if you disagree and provide your own dates. If the parties were never married, check the box that says the item does not apply.

These dates control whether the Family Code section 7540 marital presumption applies, which can make a husband the conclusive father even without genetic ties. The consequence of a wrong separation date is that you may lose or gain a presumption you did not intend. A common misconception is that “separation” means moving out; under In re Marriage of Davis and the legislative response in Family Code section 70, it means a complete and final break in the marital relationship.

Item 3: Parentage Position

Item 3 is the core of the form. You will check one of the following:

• 3a: You agree you are the parent of the child or children listed.
• 3b: You deny you are the parent and request genetic testing under Family Code section 7551.
• 3c: You claim parentage of a child the petitioner says is not yours.
• 3d: You assert a presumption under §7611 or assisted reproduction under §7613.

The consequence of checking 3a is that you are now legally responsible for support, which the California guideline calculator will compute based on income. A real-world example: Marcus in Riverside checked 3a thinking it just acknowledged biology, then learned he owed $850 a month even though he and the mother had agreed informally that he would pay nothing. A common misconception is that you can “agree to parentage but not support”; under Family Code section 4053, parents cannot waive a child’s right to guideline support.

Item 4: Child Custody

Item 4 lets you ask for legal custody, physical custody, or both, and you will mark whether you want sole or joint. Attach Form FL-311 if you have a detailed parenting plan to propose. Use Form FL-105 (UCCJEA declaration) if the child has lived in more than one state in the last five years.

Custody decisions follow the best-interest standard in Family Code section 3011. The consequence of leaving Item 4 blank is that the court may default to the petitioner’s request. A common misconception is that “joint custody” means equal time; legal custody is about decision-making, while physical custody is about where the child lives, and the two are separate under Family Code section 3003.

Item 5: Child Visitation (Parenting Time)

Item 5 lets you request a specific parenting time schedule, supervised visits, or no visitation for the other parent. Attach FL-311 to lay out weekday, weekend, holiday, and vacation time. If domestic violence is a factor, also file Form DV-100 and consider supervised visitation under Family Code section 3100.

The consequence of vague visitation language is that the order is unenforceable, and police will not intervene without a clear schedule. A real-world example: Priya in San Jose wrote “reasonable visitation” and spent two years in contempt hearings trying to define it. A common misconception is that visitation and custody are the same; visitation is now called parenting time in many California courtrooms after the 2023 Judicial Council update.

Item 6: Child Support

Item 6 asks whether you want the court to order child support. Check the box requesting guideline support under Family Code section 4055. You must also file Form FL-150, the Income and Expense Declaration, with current pay stubs.

The consequence of skipping FL-150 is that the court may impute income to you under Family Code section 4058 based on what you could earn, not what you do earn. A common misconception is that informal cash payments count; only payments through the State Disbursement Unit count toward the official record.

Item 7: Spousal or Partner Support

Item 7 only applies in cases where the parties were married or in a domestic partnership and one party seeks spousal support along with parentage relief. Check the box if you ask the court to order or terminate spousal support, and file Form FL-150 to support the request.

The consequence of asking for spousal support in a parentage case without a marriage is that the court will strike the request as outside its jurisdiction under Family Code section 4330. A common misconception is that long-term unmarried partners can get “palimony” through FL-260; Marvin v. Marvin claims belong in civil court, not family court.

Item 8: Attorney’s Fees and Costs

Item 8 asks the court to order the other side to pay your attorney’s fees under Family Code sections 7605 and 2030. File Form FL-319 and a supporting declaration.

The consequence of not asking is that the court will not order fees on its own. A common misconception is that fees are awarded only to the “winner”; California uses a need-and-ability test, so even a losing party can get fees if they have less income.

Item 9: Name Change for the Child

Item 9 asks whether the child’s name should be changed on the birth certificate. This is common when parentage is established and the child takes the legally recognized parent’s surname. The court can order the change under Family Code section 7638.

The consequence of forgetting Item 9 is that you must file a separate name-change petition later under Code of Civil Procedure section 1276. A common misconception is that the parent’s preference controls; the court applies a best-interest analysis even to name changes.

Item 10: Other Requests

Item 10 is a catch-all where you can ask for orders not covered above, like restraining the other party from removing the child from California, ordering health insurance under Family Code section 3751, or allocating the dependency exemption. Use an MC-025 attachment for long requests.

The consequence of leaving Item 10 blank is that you cannot raise these issues at trial without amending. A common misconception is that “you can always bring it up later”; under the omitted-claim rule, claims not pled are usually waived.

Item 11: Verification and Signature

Item 11 is the verification block. Sign and date under penalty of perjury that the facts are true based on your personal knowledge. If an attorney is signing, they verify on information and belief.

The consequence of a false verification is criminal perjury under Penal Code section 118 and sanctions under Code of Civil Procedure section 128.7. A common misconception is that an electronic signature is invalid; California accepts typed “/s/ Name” signatures on e-filed documents under California Rules of Court, rule 2.257.

Three Common FL-260 Scenarios

Each parentage case has its own facts, but the three patterns below cover most filings.

Scenario 1: Unmarried Biological Father Disputes Parentage

Filer’s Action	Legal Consequence
Checks 3b and demands genetic testing	Court orders DNA test under §7551 within 30 days
Files FL-150 with low income	Guideline support set at lower amount if non-parentage fails
Skips FL-105 UCCJEA declaration	Custody request struck until UCCJEA filed

Scenario 2: Same-Sex Co-Parent Asserts §7613 Assisted Reproduction

Filer’s Action	Legal Consequence
Checks 3d and cites §7613	Recognized as second legal parent without genetic link
Attaches written consent to insemination	Establishes intent under Elisa B. v. Superior Court
Requests joint legal custody in Item 4	Equal decision-making rights from day one

Scenario 3: Presumed Parent Under §7611(d) “Holding Out”

Filer’s Action	Legal Consequence
Checks 3d and cites §7611(d)	Presumption attaches based on receiving child into home
Lists three years of cohabitation in MC-025	Strengthens In re Nicholas H. presumption
Requests name change in Item 9	Birth certificate updated with presumed parent’s surname

Named Examples From Real California Cases

Real names changed, but each fact pattern reflects a common 2025–2026 filing.

Example 1: Lucia in Long Beach. Lucia received an FL-200 from a man she briefly dated, naming her as the mother of his son. She filed FL-260, checked 3b to deny parentage of that child, and asked for genetic testing. The DNA test confirmed the child was not hers, and the court dismissed the petition.

Example 2: Daniel and Reyna in Berkeley. Daniel and Reyna, a married couple, used a sperm donor under Family Code section 7613. When the donor later filed FL-200 seeking parentage, Daniel filed FL-260 attaching the written consent and a copy of the California Cryobank donor agreement. The court denied the donor parentage.

Example 3: Tomas in Bakersfield. Tomas raised his girlfriend’s daughter for four years. When the girlfriend filed FL-200 to cut him out, he filed FL-260, checked 3d, and asserted §7611(d). The court found a presumed-parent relationship and granted joint custody.

Mistakes to Avoid on FL-260

A clean FL-260 filing avoids the seven errors below. Each mistake creates a real, measurable consequence in the case.

• Missing the 30-day deadline, which leads to default judgment and waiver of every issue.
• Leaving Items 4 through 10 blank, which lets the petitioner’s requests pass without dispute.
• Filing FL-260 without FL-150, which lets the court impute income under §4058.
• Forgetting the FL-105 UCCJEA declaration, which strips the court of custody jurisdiction.
• Mixing up petitioner and respondent in the caption, which causes clerk rejection.
• Checking 3a (admitting parentage) when you meant to demand genetic testing under 3b.
• Signing without reading, which can trigger perjury under Penal Code section 118.
• Failing to serve the response, because filing alone does not give the other side notice.
• Ignoring local rules like the San Diego Superior Court family law local rules, which add cover sheets.

Filing, Fees, and Service After You Sign

Once signed, file FL-260 with the same superior court that issued the petition, pay the first-paper filing fee, and serve a copy on the petitioner. The 2026 fee for a parentage response is $435 in most counties, listed on the statewide civil fee schedule. If you cannot afford the fee, file Form FW-001 for a fee waiver under Government Code section 68631.

Service must be by mail or personal delivery from a non-party adult, who then signs Form FL-335 (Proof of Service by Mail). The consequence of skipping service is that the court will not consider your response at the first hearing. A common misconception is that you can serve the petitioner yourself; under Code of Civil Procedure section 1013a, a party cannot serve their own papers.

E-Filing Versus Paper Filing

Many counties now require e-filing through providers like One Legal or File & ServeXpress. Los Angeles, Orange, and Sacramento counties all have mandatory e-filing for represented parties.

The consequence of paper-filing where e-filing is mandatory is rejection and a second filing fee. A common misconception is that self-represented parties must e-file too; most counties exempt pro per filers, but you should call the clerk to confirm.

Do’s and Don’ts for FL-260

Follow these rules to keep your filing clean and your case strong.

• Do read the FL-200 petition twice before answering, because every box on FL-260 ties to a paragraph in FL-200.
• Do file FL-150 with current pay stubs, because the court needs income data to set support.
• Do attach FL-105 UCCJEA if the child has lived in another state, because jurisdiction depends on it.
• Do request genetic testing in writing under §7551 if you doubt parentage, because oral requests do not count.
• Do keep a stamped copy of every filed page, because lost filings are common in busy clerks’ offices.

The other side of the coin is just as important.

• Don’t miss the 30-day deadline, because default judgments are very hard to undo.
• Don’t check 3a unless you truly admit parentage, because that admission is binding.
• Don’t leave items blank, because blanks count as non-responses.
• Don’t sign without reading, because perjury is a real risk.
• Don’t rely on the petitioner’s lawyer to “fix” your form, because they represent the other side.

Pros and Cons of Filing FL-260 Yourself

Many parents handle FL-260 without a lawyer, but self-representation has trade-offs.

• Pro: No attorney fees, which can save $3,000–$10,000 in a contested case.
• Pro: Direct control over every word, which prevents miscommunication.
• Pro: Free help available through court self-help centers statewide.
• Pro: Mediation through Family Court Services is included with no extra fee.
• Pro: The form is fillable online, which speeds up the process.

The cons are real and worth weighing.

• Con: Easy to miss legal presumptions like §7611(d), which a lawyer would catch.
• Con: Rules of evidence still apply at trial, even for self-represented parties.
• Con: Mistakes on the verified pleading are hard to undo.
• Con: The other side’s lawyer is not your friend and will not warn you.
• Con: Emotional cases can cloud judgment, leading to bad strategic choices.

Key Entities You Should Know

Several people and offices touch every FL-260 case. Knowing who they are helps you navigate the process.

• The petitioner filed the FL-200 and bears the burden of proof on parentage.
• The respondent is you, the person filing FL-260.
• The superior court family law division decides every issue under Family Code section 200.
• Family Court Services runs custody mediation under Family Code section 3160.
• The California Department of Child Support Services enforces support and tracks payments.
• The Judicial Council of California publishes every form, including FL-260.
• Court self-help centers offer free, neutral help to self-represented parties.
• Local family law facilitators help unrepresented parents under Family Code section 10005.

Court Rulings That Shape FL-260 Strategy

Several California cases drive how courts read parentage answers. Knowing them helps you frame Item 3.

In Elisa B. v. Superior Court, 37 Cal.4th 108 (2005), the California Supreme Court held a same-sex partner who held the children out as her own was a §7611(d) presumed parent and owed support. The case is summarized on the California Courts opinions page. The consequence is that anyone in a similar role should plead §7611(d) clearly on Item 3d.

In In re M.C., 195 Cal.App.4th 197 (2011), the appellate court allowed three legal parents in rare cases, which the Legislature codified in Family Code section 7612(c). The consequence is that a third potential parent can join the case by filing their own FL-260 with court permission.

In Jason P. v. Danielle S., 9 Cal.App.5th 1000 (2017), the court held a known sperm donor who acted as a father could be a §7611(d) parent despite §7613. The consequence is that donor agreements alone do not always bar parentage, and respondents should plead the facts of involvement carefully.

FAQs About California Form FL-260

Do I have to file FL-260 if I agree with everything in the petition?

Yes. California Rules of Court require a written response within 30 days even if you agree, because the court needs your signed statement on the record before entering any judgment.

Can I file FL-260 online in California?

Yes. Most California superior courts allow or require e-filing through providers like One Legal, and self-represented parties can use the Judicial Council fillable PDF and submit through the local court’s portal.

Is there a filing fee for FL-260?

Yes. The first-paper response fee is $435 in most counties as of 2026, and you can apply for a fee waiver using Form FW-001 if your income is at or below 125% of federal poverty.

Can I demand a DNA test on FL-260?

Yes. Check Item 3b and cite Family Code section 7551, and the court will order genetic testing of the child, mother, and alleged father, usually paid for by the requesting party at first.

Will the court order child support if I deny parentage?

No. The court cannot order support against you until parentage is established, but if testing confirms parentage, support is calculated back to the date of filing under Family Code section 4009.

Can same-sex parents use FL-260?

Yes. Same-sex co-parents use FL-260 to assert parentage under Family Code section 7613 (assisted reproduction) or section 7611(d) (holding out), and California recognizes both regardless of biology.

Do I need a lawyer to file FL-260?

No. You can file FL-260 yourself using free resources at court self-help centers, but a lawyer is strongly recommended in contested cases involving custody, presumed-parent claims, or large support amounts.

Can I change my FL-260 answers later?

Yes. You can amend once as a matter of right before trial under Code of Civil Procedure section 472, and after that you need leave of court, which is granted liberally if no prejudice results.

Will filing FL-260 stop a default already entered?

No. Once a default is entered, you must file a separate motion to set aside under Code of Civil Procedure section 473(b) within six months and show mistake, inadvertence, surprise, or excusable neglect.

Does FL-260 affect immigration status?

No. Filing FL-260 does not change your immigration status, and California courts do not report family law filings to federal immigration authorities under state sanctuary laws like SB 54.

Can grandparents file FL-260?

No. FL-260 is reserved for alleged parents, but grandparents can intervene in a pending parentage case using Form FL-359 and Family Code section 3104 for visitation rights.

Is FL-260 the same as a divorce response?

No. FL-260 responds to a parentage petition (FL-200), while FL-120 responds to a divorce or legal separation petition (FL-100), and using the wrong form leads to immediate clerk rejection.