How to Fill Out New York Form FL-210 (w/Examples) + FAQs

Filling out Form FL-210 can be straightforward once you know what each part means. This comprehensive guide will walk you through every step of completing the California Summons FL-210 with examples, clarify related forms (like FL-100, FL-105, etc.), and answer common questions. Whether you’re filing for divorce, establishing custody, or starting a parentage case, we’ve got you covered with detailed explanations and real-world scenarios.

(Note: There is no New York form FL-210. Form FL-210 is actually a California Family Law Summons for certain cases like child custody, parentage (paternity), or support. This guide assumes you meant the California FL-210 Summons.)

What you’ll learn in this guide:

📄 How to accurately fill out Form FL-210 Summons step by step (immediate answer below)
👥 Understanding the Petitioner vs. Respondent roles and where to list them on the forms
📌 The purpose of Form FL-105 (UCCJEA) and other Judicial Council forms required for child custody cases
⏱️ Why timely serving the Summons and filing a Proof of Service is crucial (and how to do it right)
✅ Pros and cons of filing without a lawyer, common mistakes to avoid, and comparisons to related forms like FL-110 (divorce Summons)

Quick Step-by-Step: How to Fill Out Form FL-210 Summons

To fill out California’s Form FL-210 Summons correctly, follow these steps:

Complete the top caption: At the top of the form, fill in your name, address, and phone number (as the Petitioner). If you have an attorney, their info goes here; if not, write “In Pro Per” to indicate you’re self-represented. Include the court’s name and branch address for the California Family Court where you are filing (usually the county where the child lives or where a divorce is filed).
List the parties: On the line for “Petitioner,” write your full name (the person starting the case). On the “Respondent” line, write the other party’s full name (the other parent or spouse). Make sure the names match exactly what you put on your Petition (e.g., FL-200 or FL-100). Consistency is key – names must match on the Summons and Petition.
Court case number: If this is a new case, leave the Case Number blank. The court clerk will assign a case number when you file and will stamp it on the form. If you already have a case number (for example, if you’re refiling or amending), include it; otherwise, do not write anything in the case number box.
Do not fill in the “Notice to Respondent” text: The body of Form FL-210 contains pre-printed legal text beginning with “Notice to Respondent” – this section informs the respondent that they have been sued and tells them what they must do. You do not write anything in this section. It’s a standard notice. Just review it to understand the warnings and instructions it gives the Respondent.
Standard restraining orders (page 2): FL-210 includes standard family law restraining orders on page 2 (called Standard Family Law Restraining Orders). You do not write on page 2 – it’s informational. Read it carefully. In a parentage or custody case, it restrains both parties from removing the minor child from California or applying for a new passport for the child without permission from the other parent or a court order. (In divorce cases, the Summons restrains more things – see FL-110 for those differences – but for FL-210, it’s mainly about not relocating the child.) Make sure you understand these orders because they take effect immediately: as the Petitioner, you’re bound by them once you file, and the Respondent is bound as soon as they are served.
Signature and seal: There is a line on the Summons for the court clerk’s signature and the court seal with a date. Do not sign or date the Summons yourself. Leave that section blank. When you file your paperwork at court, the clerk will sign, date, and stamp the Summons, officially “issuing” it. (You’ll usually see something like “Issued on [date] Clerk, by [deputy name]” once it’s filed. This formalizes the Summons.)
Attach and file with the petition: The Summons FL-210 is always filed together with your initiating petition. If you are starting a parentage case (to establish who the legal parents are, or to ask for custody/support orders for a child when the parents aren’t married), you will also fill out FL-200 (Petition to Establish Parental Relationship) or FL-260 (Petition for Custody and Support of Minor Children). If you’re filing for divorce or legal separation (married parents), you would use FL-100 (Petition for Dissolution) and a different Summons (FL-110) instead – more on that later. File the Summons and Petition (and any required attachments) at the court clerk’s office. You’ll pay a filing fee (or apply for a fee waiver) at this time. The clerk will keep the originals and give you back filed-endorsed copies.
Serve the Summons and Petition: Arrange for a third-party adult (someone 18 or older who is not a party to the case, such as a friend, relative, or professional process server) to personally deliver (serve) a copy of the Summons FL-210, the Petition, and other required forms to the Respondent. You cannot serve these papers yourself because the law requires an unrelated adult to ensure proper service. Along with the Summons and Petition, include any attachments (like FL-105 UCCJEA if you filled one out) and a blank Response form for the Respondent’s use (blank FL-220 if it’s a parentage case, or FL-120 if it were a divorce case). The server should hand all these documents directly to the Respondent.
Proof of Service: After serving, the person who performed the service must complete a Proof of Service of Summons (Form FL-115). This form details when, where, and how the papers were delivered and to whom. Double-check that the names on the Proof of Service match the Summons and Petition (another common error is a misspelling on the proof). Once filled out, you (the Petitioner) will file the FL-115 Proof of Service with the court to officially prove the Respondent was served. Without a properly filed proof of service, the court cannot move forward, so this step is crucial.
Next steps for the Respondent: The Summons informs the Respondent that they have 30 days (starting from the day after personal service) to file a Response in court. After service, be prepared for the Respondent’s next action. They may file FL-220 (Response to Petition to Establish Parental Relationship) or FL-270 (Response to Petition for Custody and Support), depending on which petition you used. If this were a divorce, they’d file FL-120 (Response in a Dissolution). If the 30 days pass with no response, you have the option to move forward with a default judgment (meaning the court could grant what you requested in the petition, in many cases without the Respondent’s input – provided you followed all the correct procedures).

This quick checklist gives you the immediate overview of filling out and using FL-210. Next, we’ll break down the important terms and concepts you should know and then dive deeper into each part of the process with examples.

Key Terms Explained (Summons, Petitioner, Respondent, UCCJEA, etc.)

Before we get into detailed instructions, it’s important to understand some key terms and forms involved in this process. California family law uses specific terminology and standardized forms (called Judicial Council forms). Knowing what each term means will help you fill out Form FL-210 correctly and navigate the family court process confidently. Here are the essential concepts:

Summons (Family Law Summons): A Summons is an official court form that notifies the other party (Respondent) that a legal case has started against them. In our context, Form FL-210 is the Summons for certain family law cases (like parentage or custody cases). It literally summons the Respondent to court, informing them of the case and their deadline to respond. The Summons also contains important automatic restraining orders and warnings (for example, in FL-210 it restrains removing the child from the state without permission). Think of the Summons as the cover sheet of your lawsuit – it doesn’t list the details of your requests (the Petition does that), but it’s a critical notice that must be served to give the court jurisdiction over the Respondent. If the Summons isn’t properly served, the court cannot make orders against that person.
Petitioner: The Petitioner is the person who initiates the case. If you are the one filling out FL-210 and filing the case, you are the Petitioner. You’ll be called “Petitioner” throughout the case. The Petitioner’s name goes first on all case captions. As the Petitioner, you prepare the Summons and Petition and make sure they are filed and served. (In a divorce, the Petitioner is the spouse who files first; in a parentage or custody case, the Petitioner is often one of the parents or sometimes another party like a child’s guardian starting the case.) The Petitioner is responsible for starting the legal process and is typically asking the court for some orders or determinations (e.g. to establish paternity, custody, support, divorce, etc.).
Respondent: The Respondent is the person who responds to the case – essentially, the other party. This is the person who has been “summoned” by the Summons. If you’re serving someone with FL-210, that person is the Respondent. The Respondent’s name goes second on the case caption (after “VS.” or “Petitioner vs. Respondent”). The Respondent has the right to file a formal Response within 30 days of being served. Throughout the case, they’ll be referred to as “Respondent.” It’s crucial not to mix up who is Petitioner and who is Respondent. Those designations stay with the parties for the entire case and do not change, even if the Respondent later files motions or their own requests. (Example: If Mario files a parentage case against Ana, Mario is Petitioner and Ana is Respondent. Even if Ana later files a request in the case, she remains “Respondent” on all paperwork.)*
Judicial Council Forms: California uses statewide standardized forms for many legal processes, including family law. These are often referenced by form number (like FL-210). The term Judicial Council forms simply means the official forms issued by the Judicial Council of California that must be accepted by every superior court in the state. FL-210, FL-200, FL-100, FL-105, FL-115, etc., are all Judicial Council family law forms. They have the form number on the bottom and typically a revision date. When filling these out, always use the latest version (the form’s revision date is in the footer). The advantage of Judicial Council forms is that they are standardized – so a Summons form looks the same in Los Angeles as it does in San Francisco. Always type or neatly print your answers, and use black or blue ink if filling by hand. If a field doesn’t apply, you can leave it blank or write “N/A” if needed (though most fields on the Summons will be filled or left for the clerk).
California Family Court: In each California county, the Superior Court has a division that handles family law cases (sometimes called Family Court). When we mention California Family Court, we refer to the court that will hear divorce, custody, child support, and parentage cases. Each county may have multiple locations or departments for family law. When filling out the court’s name and address on forms, use the specific branch of the Superior Court that handles family cases in the county where you are filing. (For example, “Superior Court of California, County of Orange, Lamoreaux Justice Center” or “Superior Court of California, County of San Francisco, Family Law Division” – the exact name and address can be found on the court’s website or by calling the court clerk.) Properly identifying the court on your Summons and Petition ensures your documents are processed correctly and avoids any jurisdiction confusion.
Jurisdiction: Jurisdiction refers to the court’s authority to hear and decide a case. In family law, there are a couple of layers to consider. First, the court needs personal jurisdiction over the Respondent – serving the Summons and Petition properly in accordance with California law is what gives the court power over that person. (That’s why proper service is so important: without it, any orders could be later nullified for lack of jurisdiction.) Second, the court needs subject matter jurisdiction over the issues – for example, California courts can only make custody orders if California is the child’s “home state” or otherwise has jurisdiction under the law, and can only grant a divorce if certain residency requirements are met. In the context of FL-210, a key jurisdictional aspect is child custody jurisdiction under the UCCJEA (explained next). The Summons itself doesn’t establish jurisdiction, but serving it correctly is a critical step in giving the court authority to move forward. If either party has connections to another state or country, or the child has lived elsewhere, jurisdiction can get complicated – but that’s exactly why you provide details on forms like FL-105.
UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act): This is a mouthful, but it’s crucial if your case involves minor children. The UCCJEA is a law adopted by all 50 states that prevents conflicts between states over child custody orders. In California, you provide the information required by the UCCJEA through Form FL-105 (also titled Declaration Under UCCJEA). This form must be filed whenever you are asking for custody or visitation orders or establishing parentage of a minor child. FL-105 asks for each child’s residence history for the past five years (where they’ve lived, with whom, and if any other custody cases exist).
- It helps the court determine if California has jurisdiction to make custody decisions. For example, if the child recently lived in New York for several years and only just moved to California, the California court might not have jurisdiction yet to make custody orders – the UCCJEA info would flag that. When you file a new case involving kids, both Petitioner and Respondent are typically required to file FL-105 (the Respondent would file theirs with their first response). Make sure to attach additional pages if needed to list all addresses and details. Bottom line: Always include FL-105 with your Summons and Petition if there are children under 18 involved, and be truthful and complete – missing information could delay your case or, worse, the court might question your custody requests.
Proof of Service: In legal proceedings, Proof of Service refers to a form or document that proves legal papers were delivered to a party. For the Summons and Petition, the relevant proof of service form is FL-115 (Proof of Service of Summons). This form is filled out by the person who serves the papers (not by you, if you’re the Petitioner). It documents the date, time, address of service, name of the person served, and how they were served (in person, by substitute, etc.). It also has a section to confirm that the server handed the Respondent a copy of the Summons, Petition, and other documents (there’s a checklist to mark which forms were served). The server signs the FL-115 under penalty of perjury, and then you file it with the court clerk.
- A filed Proof of Service is the court’s evidence that the Respondent was properly notified. If you fail to file a proof of service, the court will not proceed to hear your case because there’s no proof the other side knows about it. Also, if service is not done correctly (for example, if a Petitioner improperly hands the papers to the Respondent themselves, or if papers are left with someone who isn’t eligible), the Respondent could later challenge the case claiming they were never properly served. Courts have indeed voided or set aside judgments due to improper service – for instance, the California Supreme Court in In re Marriage of Lippel (1990) made it clear that a default judgment is void if the Respondent wasn’t given proper notice of the proceedings. So take service and the proof of service form seriously.
FL-100, FL-200, FL-260 (Petitions): These are related petition forms that often accompany the Summons. FL-100 is the Petition for Dissolution (Divorce) or Legal Separation. FL-200 is the Petition to Establish Parental Relationship (used in paternity cases for unmarried parents). FL-260 is the Petition for Custody and Support of Minor Children (used in certain cases where parentage is not in dispute, but the parents want a court order for custody/support without a divorce – for example, if there’s already an acknowledgment of paternity or the parents are married but not ready to file for divorce).
- Whichever petition you use, it must be filed alongside a Summons. Summons FL-210 is intended to go with FL-200 or FL-260 – basically, when you’re not dissolving a marriage but are dealing with child custody/parentage matters. If you are filing for divorce, you would use Summons FL-110 (which is a slightly different form designated for divorce/legal separation/annulment). We’ll discuss the differences soon, but remember: FL-210 is not used for a divorce petition – it’s used for other family cases like parentage or standalone custody/support petitions.
FL-105 (Declaration Under UCCJEA): As mentioned, FL-105 is required if your case involves children. Properly fill this out by listing where the child has lived for the past five years, and if five years is longer than the child’s age, list since birth. You’ll provide addresses, caretakers’ names at each address, and note if there are any other cases involving the child (like a custody case from another state, a restraining order case involving the child, a juvenile dependency case, etc.). If another court has made custody orders for your child, you should attach copies of those orders if available. FL-105 ensures compliance with jurisdiction laws (UCCJEA) – without it, the court clerk might even reject your filing if you’re asking for custody. So don’t skip this form when children are involved.
FL-115 (Proof of Service of Summons): This is the form your process server will fill out after serving the Summons and Petition. It lists exactly which documents were served (there are checkboxes for Summons, Petition, FL-105, etc., to indicate what the Respondent received). Make sure your server marks all the forms you gave them to serve. If you included attachments (like an FL-105, or a temporary emergency order in some cases, etc.), ensure they’re all checked. The server will also need to indicate the name of the Respondent and the address where they handed over the papers, and describe the person if they served someone else on behalf of the Respondent (substituted service). Once signed and filed, FL-115 is what authorizes the court to move forward if the Respondent doesn’t respond, or to enforce deadlines. Keep a copy for yourself as well.

Understanding these terms and forms sets the stage. Now let’s move on to a more detailed, step-by-step guide on completing FL-210, with an example scenario and tips to avoid pitfalls.

Detailed Guide: Filling Out Form FL-210 (California Family Law Summons)

1. Caption (Your Information and Court’s Information)

Caption refers to the top portion of the form, which is like the header that appears on most court forms. On FL-210, the caption includes several boxes and lines:

At the very top, you’ll see a space for your name, address, and phone number. If you have an attorney, this is where the attorney’s information goes, and they’d also put their State Bar number and law firm name. If you are self-represented (no lawyer), you just fill in your own name, address, and phone number. On the line labeled “Attorney For (name):” if you have no attorney, you can write “In Pro Per” (which is Latin for “for oneself,” indicating you’re representing yourself). Writing “In Pro Per” is a common practice that tells the court clerk you’re self-represented; alternatively, you can put “Self-Represented” or simply leave it blank – the important part is that your contact info is there.
Next, you’ll fill in the court name. It will say something like “Superior Court of California, County of ________”. Write the county where you are filing (for example, County of Los Angeles, County of Alameda, etc.). Directly under that, there’s usually a line for the court’s street address and possibly a mailing address line. Use the address of the courthouse that handles family law in your county. You can find this on your county superior court’s official website under family law or by looking at the court locator (for example, Los Angeles has several family courthouses, so you’d use the one for your area; a smaller county might have just one courthouse). Ensure the address is correct because it will also be used for where to submit future documents and where the Respondent might file their response.
Still in the caption, you’ll see “Petitioner:”, “Respondent:” labels. We covered who those are – now you fill in the actual names. Write your full legal name after “Petitioner”. Write the other party’s full legal name after “Respondent”. Use the names exactly as you will on the Petition. Typically, you’ll use the person’s first, middle (if any) and last name. If this is a divorce case (which would normally use FL-110 Summons), you’d list both spouses’ names; in a parentage/custody case (using FL-210), list the mother’s and father’s names (or whatever the parental parties are). If there’s an existing case with a slightly different naming (e.g., maybe the person has two last names or a hyphenated name and you weren’t consistent), make sure to stick to one version to avoid confusion. Important: The names on the Summons must match the names on the Petition. If “John A. Smith” is Petitioner on the Petition, do not write “Johnny Smith” on the Summons. Even a middle initial discrepancy can cause problems down the line or at least make the clerk ask questions.
Case number: as noted earlier, leave this blank if it’s a new case. The clerk will stamp a number here when you file (for example, “Case No. 23FL00345”). If you’re refiling an amended Summons or something for an existing case, you’d put the existing case number. For first-timers, just don’t fill it in. You might lightly pencil it in for your own copy after filing, once you know it, to keep track – but the official forms submitted to the court should have it stamped or neatly written by the clerk.

Now your caption should be complete with your info, the court info, and party names. This part is straightforward but double-check spelling and accuracy. Mistakes in the caption can lead to filing issues or even mean your service is technically on the wrong name (imagine serving “Jane Smyth” when all her ID says “Jane Smith” – a small typo but it could open the door for the other side to claim they weren’t properly served). So spell names correctly and check them against driver’s licenses or other documents if needed.

2. The Body of the Summons (Notice to Respondent and Legal Text)

The main body of FL-210 starts with “NOTICE TO RESPONDENT (Name):”. You might wonder, do I have to fill in the Respondent’s name again here? On some versions of the form, there might be a blank after “Respondent (Name):” where you could optionally write the name, but it’s typically pre-filled by the caption names or not required separately. In any event, it’s the section addressed to that person.

Immediately following is text that you do not alter. It usually reads something like:

“You have been sued. Read the information below and on the next page. Petitioner’s name is asking the court to make orders concerning the following: custody, visitation, child support, etc…” (paraphrasing). It explains to the Respondent that a lawsuit has started and tells them they have 30 days to respond, that if they don’t respond the court may make orders without them (which is true – it warns about default), and it refers to the attached Petition for details on what is being requested.

Here’s what you need to know about this section:

Do not write or white-out anything in this section. It is pre-printed for a reason. It applies to all respondents uniformly. Your Petition (FL-200 or FL-260) is where you indicated what orders you want (like establishing paternity, custody, support, etc.), and that petition will be served along with the Summons. The Summons text will generically reference that the Petitioner is asking for certain orders. (For example, FL-210 might say the Petitioner is asking to establish parental relationship and for custody/visitation and support orders, or it may list those as checkboxes. In FL-210’s latest version, it references parentage, custody, and support generally.)
Notice about restraining orders: The Summons will mention that there are restraining orders on the next page (which we’ll get to in a moment). It might explicitly instruct the Respondent not to take the children out of state or to obtain a passport for them, etc. As the Petitioner, you should read this too because it applies to you upon filing. These aren’t optional – they are automatic court orders. They apply equally to Petitioner and Respondent as soon as each is “brought into” the case (Petitioner by filing, Respondent by service). We’ve heard of cases where a Petitioner didn’t realize this and, say, went on an out-of-state trip with the child after filing but before the case was done, and the other parent cried foul. Because that violates the Summons restraining order, a judge could sanction a party or it could negatively affect their case. So take it seriously: once you file FL-210, do not move your kids out of California or even vacation out of state with them unless you have the other parent’s written permission or a court order. It’s meant to maintain the status quo and ensure one parent doesn’t “run off” with the children during the legal proceedings. This is a critical piece of jurisdiction too – the court doesn’t want the subject of the case (the child) taken away from its jurisdiction while decisions are pending.
Language considerations: FL-210 (and FL-110) are usually bilingual (English/Spanish) in California. You might see the Spanish translation beneath each paragraph. That’s normal. You don’t need a separate Spanish form; it’s one form with both languages. Just fill out the English parts for names, etc. The Spanish text is just for the benefit of Spanish-speakers getting served, to understand the Summons. Don’t let that confuse you – you’re not expected to translate anything yourself.
What if I’m the Respondent, do I fill this out? This is a common confusion. Sometimes, the person served might think they have to fill out the Summons form or sign it. They do not. The Summons is prepared by the Petitioner and served on the Respondent; the Respondent’s job is to read it and then file a Response form, not to sign or return the Summons. We include this note because people have asked: “I’m the Respondent – do I write anything on this Summons I got?” The answer is no. (If you are the one filing the case, you might even consider giving the Respondent a courtesy heads-up like, “Hey, these papers are coming, you don’t have to fill out the Summons, just make sure to read it and then file a response if you want.” This can alleviate confusion. But that’s optional and dependent on your relationship.)

In summary, for the body text of the Summons: don’t add or remove anything. Just verify that the information it references (like the Petitioner’s name in the text, if listed) is correct, and that you understand the instructions it’s giving the other party.

3. Standard Family Law Restraining Orders (Back of Summons)

Turn to page 2 of Form FL-210. This page is often titled “Standard Restraining Order” or similar, and it lays out the automatic temporary restraining orders applicable in the case. Let’s clarify what you’ll see:

For FL-210 Summons (Parentage/Custody cases), the restraining order is focused on the children. It typically states:

Neither party is allowed to take the minor child(ren) out of the State of California without written consent of the other party or a court order.
Neither party is allowed to apply for a new or replacement passport for the child(ren) without consent or court order.

And it notes when these orders take effect (immediately for the Petitioner upon filing, and for the Respondent upon service) and how long they last (until the case is resolved – e.g., until a judgment is entered or the case is dismissed, or further court order).

Compare: on a divorce Summons (FL-110), there are four standard restraining orders (often called ATROs – Automatic Temporary Restraining Orders) covering not just removing children, but also preventing both parties from transferring property, canceling insurance, or creating non-probate transfers. Those divorce ATROs are broader. FL-210’s restraining order is narrower, reflecting that in a parentage or custody case between unwed parents, property and finances (apart from child support) aren’t at issue in the same way. It’s primarily about keeping the child’s situation stable.

For filling out page 2: you actually don’t fill out anything on this page. It’s all pre-printed text that applies automatically. There might be a case number field at the top – if so, once you know your case number, you can pencil it in on your copy for reference, but the official form will likely either have it stamped or you leave it blank when submitting.

Your job regarding page 2 is to read and understand it, and ensure the Respondent receives a copy of it as well (when you photocopy your Summons for service, copy both sides or print both pages). Don’t serve just page 1 and forget page 2 – that would mean the Respondent wasn’t informed of those orders, which could cause issues. Standard practice is to always serve the Summons with all pages.

It’s worth noting: violating these restraining orders can have legal consequences. They are court orders. Police can enforce them as well. The Summons usually says it’s enforceable anywhere in California by any law enforcement officer who’s shown a copy. In practical terms, if one parent tries to take the child out of state in the middle of the case without permission, the other parent can call the police or go to court to stop it, citing the Summons restraining order. There have been cases (for example, In re Marriage of Nurie (2009) – which involved an international custody dispute) that underscore how seriously courts take jurisdiction and preventing unilateral moves. In Nurie, the California court coordinated with another country to resolve custody jurisdiction under UCCJEA, partly because one parent had taken the child abroad. This illustrates that once a case is filed and these orders are in effect, trying to sidestep them can lead to complex legal battles or sanctions. So abide by them strictly.

Tip: If you do need to travel or there’s an emergency requiring you to leave the state with the child, you can seek a written notarized permission from the other parent or an ex parte court order in advance. Otherwise, hold off on travel plans until the case is done or you get official permission.

To recap, for page 2: Don’t write anything, but do include it in service and follow it to the letter.

4. Filing the Summons and Related Forms

Once FL-210 is filled out (caption completed, etc.), you need to prepare the rest of your packet for filing:

Complete your Petition form (FL-200, FL-260, or FL-100 depending on your case). Ensure all relevant sections are filled, and that you sign and date the petition. For example, FL-200 (Petition to Establish Parental Relationship) will ask for information about the children, whether you’re asking for custody, visitation, child support, genetic testing, etc. FL-260 (Petition for Custody and Support of Minor Children) is a bit different in that it assumes parentage isn’t being contested (like if paternity is already established or presumed) and just focuses on custody/support orders. Fill these out completely and truthfully. Attach any required additional forms or attachments (for instance, FL-311 Custody and Visitation Attachment if you want to specify a detailed parenting plan as part of your petition, or an attached sheet if you need more space to explain something).
Complete FL-105 (UCCJEA) if there are minor children. As discussed, fill in all the info about past addresses, etc., and sign it.
Prepare the court filing: You will usually need an original plus at least two copies of everything when you go to file: one copy for you, one for serving the other party, and the original stays with the court. So make copies of: FL-210, your Petition, FL-105, and any attachments. It’s a good idea to have an extra copy for a spare or if your county’s rules require a copy for the court’s family law facilitator or something (some courts want one for the file and one for a service center – this varies).
Filing fee: In California, starting a family law case generally requires a filing fee (often around $435, but it can vary by county or case type). If you cannot afford the fee, you can submit a Fee Waiver application (Forms FW-001 and FW-003). If granted, you won’t have to pay the fee (or it may be deferred). Mentioning this because it’s part of the filing process: you don’t want to fill everything out and then be caught off guard at the clerk’s window about payment. If you need a fee waiver, fill those forms out too and bring them along.
At the clerk’s office: Hand over your completed forms to the clerk for filing. The clerk will review them to ensure they’re complete (they won’t catch everything, but they’ll typically check that forms are signed, etc.). If something important is missing (like you mention children on the Petition but have no FL-105 attached), they may tell you to complete that first. Once accepted, the clerk will stamp all your documents with the date and “Filed.” They will keep the originals in the court file and give you back your copies, now stamped. At this moment, your case is officially opened and the Summons is considered “issued.” Look at your Summons – it should now have a case number and possibly the clerk’s signature and court seal on it. If for some reason the clerk didn’t sign or stamp the Summons, you can politely ask, “Do I need the Summons signed or stamped?” Usually the filing stamp suffices and many forms have “Clerk, by __” which might remain blank these days because the stamp is what they use. Each county might handle that slightly differently. The key is you have a filed Summons with a case number.
Get the hearing date (if applicable): Note that in a Summons/Petition situation, unlike a request for order, you typically won’t get a court date upon filing. The Summons and Petition is just starting the case. The Respondent has time to respond, and only then (or if they don’t respond, after 30 days) would you move the case along to either a default judgment or a hearing for a judgment, etc. However, in some instances (like if you filed a request for temporary emergency orders concurrently, or if local rules set a court date for a family centered case resolution conference), you might have some initial date. For a straightforward case opening, usually no immediate hearing date is given – you’re just told to serve the papers. This differs from something like a domestic violence restraining order filing where you get a court date on the paperwork. So don’t be surprised that your Summons and Petition have no court date listed anywhere; that’s normal. The Summons is just a notice, not a hearing summons.

Now you have your filed forms and you’re ready for the next step: service.

5. Serving the Summons and Petition (Service of Process)

Service of process is a fancy term for delivering the court papers to the other party in a legally recognized way. For a Summons and Petition in a family law case, personal service is required (with few exceptions for alternate service methods if personal service truly isn’t possible, but you’d need a court order for those). Personal service means the Respondent is handed the documents in person.

Here’s how to get it done properly:

Choose a server: As mentioned, you cannot serve your own Summons. Choose someone who is at least 18 and not part of the case. It could be a friend, a relative, or a professional process server or sheriff’s deputy (for a fee). The person should be reliable – you need them to follow through, fill out the proof of service correctly, and ideally, someone who can later testify if needed (though that’s rarely needed if the proof is in order). Many people hire a process server company, especially if the other party might be difficult to find or serve. Process servers know how to track down individuals and serve them, and they will complete the proof of service for you as part of their service. The sheriff’s department in some counties will also serve family law papers for a fee (or free if you have a fee waiver) – this can be useful if you know where the Respondent works or lives and want an official to handle it. If the situation is volatile or there’s a concern for safety, using a professional or law enforcement to serve might be wise.
Documents to serve: Ensure the server has the Summons (FL-210), a filed copy of the Petition (FL-200/260 or FL-100), filed copy of FL-105 (if you filed one), and any other attachments (for example, if you attached an FL-311 visitation schedule or FL-312 etc., those should go too). Also include a blank Response form for the Respondent. For parentage cases, that’s FL-220 (Response to Petition to Establish Parental Relationship). For custody/support petition cases, it’s FL-270 (Response to Petition for Custody and Support of Minor Children). (For divorce it would be FL-120.) Including a blank response is actually required by law – California law says when you serve a Summons and Petition in family law, you must also serve the blank response form. It’s part of ensuring the other party has the means to respond readily. Most courts include the blank response in their filing packets or self-help checklists. If you forget to include it, the Respondent could later argue they weren’t properly served with all required papers. So double-check you have it.
Timeframe for service: There isn’t a hard deadline like “serve within X days of filing” in California for family law petitions (unlike some civil cases). However, you cannot move your case forward until service is done and the 30-day response clock has run (or the Respondent responded sooner). If you sit on your filed papers for months without serving, the court might eventually flag the case as inactive. Some counties may send a notice like “case review” if nothing happens for a long time. So it’s best to serve as soon as possible after filing. Also, if you had any temporary emergency orders or deadlines (not typical just for Summons, but if you had filed a concurrent motion), those have specific timeframes for service. In a pure Summons/Petition scenario, just aim for prompt service, ideally within a few days or weeks of filing.
Personal service specifics: The server should personally hand the documents to the Respondent and identify the Respondent (by name, asking “Are you John Doe?” etc. before handing them). The Respondent does not need to sign anything at that moment. They might refuse to take the papers – the server can drop them at the person’s feet if they refuse, and that still counts as service as long as the person is identified (“John, these are court papers for you” and he refuses to touch them, the server can leave them there). The server should note a physical description of the person served (this goes on the proof form: things like approximate age, race, height – in case of later dispute, it shows they served the correct person). This usually isn’t controversial if the Respondent is actually the right person and they accept the papers, but process servers do this by routine.
What if the Respondent is evasive or hard to catch? If they avoid service, you may have to try multiple times, different locations (home, work), or times of day. A professional server can help strategize. If absolutely unable to serve in person, you might eventually ask the court for permission for substitute service or service by publication – those are advanced steps requiring you to prove you tried everything and still couldn’t serve. Substitute service in California means leaving the papers with an adult at the Respondent’s home or work and then mailing copies – but you can only do this after multiple diligent attempts to find them in person. Service by publication means publishing the notice in a newspaper – a last resort if you can’t locate them. These require court approval via a request. Most of the time, especially in family cases, you can eventually get them served personally by catching them at home or elsewhere. Until they are served (or formally acknowledge service), the 30-day clock for response doesn’t start.
Proof of Service (FL-115) completion: After the papers are delivered, have your server fill out Form FL-115. The top of FL-115 will need the case caption (your names and case number). Then the server will fill in their name and address (the server has to identify themselves), and they will indicate on which date, at what time, and where (address) they served the Respondent. There’s a section “Person served was:” – typically they will check “Party in person” meaning the Respondent themselves. (If they did substitute service, they’d fill out a different section like description of the person and then the mailing date – but let’s assume personal service for now, which is simplest.) The server will also check the boxes for each form served: Summons, Petition, Declaration Under UCCJEA (FL-105, if applicable), blank Response, etc. Make sure all relevant boxes are checked. I’ve seen proofs of service rejected by courts because, for instance, the server forgot to check the “Summons” box – which is kind of ironic because the form itself is proof of service of summons, but courts want every item indicated. It’s a simple thing: double-check it. Lastly, the server dates, prints their name, and signs the proof of service under penalty of perjury.
File the Proof of Service: Take the completed FL-115 to the court clerk and file it as soon as possible after service. The proof of service filing tells the court “Okay, the Respondent was served on X date, so their 30-day response period ends on Y date.” The clerk will put it in the file. You should also keep a copy for yourself and perhaps mail a copy to the Respondent for good measure (not legally required, since they already got served, but as a courtesy or backup). Once this is on file, you have done everything necessary on your side to start the case. Now it’s on the Respondent to act, or not, within the deadline.

One more note: California has a form FL-117 (Notice and Acknowledgment of Receipt), which is another way to serve by mail if the Respondent is cooperative. This is sometimes used as an alternative to personal service: you mail the papers to the Respondent along with that FL-117 form (and a prepaid return envelope), and the Respondent signs the FL-117 acknowledging service and mails it back. If they do that, it counts as service (service date is the date they signed the acknowledgment). This only works if the Respondent is willing to sign and return it. It’s common when the parties are amicable or expecting the paperwork (like an uncontested divorce scenario where the Respondent says “Sure, mail them to me, I’ll sign”). It saves the hassle of a process server. But if you’re unsure the Respondent will cooperate, stick to personal service to be safe. If you do use FL-117, you’ll file that signed acknowledgment as proof of service (instead of FL-115). However, FL-115 can also be used to file along with FL-117 (there’s a spot on FL-115 to note service was by Notice of Acknowledgment). I’m mentioning this because some folks in a cooperative situation ask “Can I just mail the papers?” Yes, if the other person is definitely going to sign and return the acknowledgment. If not, you’ll waste time waiting and then end up serving personally anyway.

Now, having served and filed the proof, let’s see what happens in different scenarios and ensure you’ve got all pieces in place:

If the Respondent files a Response, you will be served with their response and the case will proceed (you might then have to attend case management conferences, exchange financial info if support is involved, etc. — those steps come later and outside the scope of just filling the Summons). You might also consider mediation if it’s custody, or settlement discussions. But at least the case is active with both sides.
If the Respondent does not file anything within 30 days, you can pursue a default judgment. This means you would prepare final judgment paperwork to get the orders you requested. Be aware: even in a default, if you’re asking for things like child support or custody, the court will review it to ensure it’s fair and in line with guidelines and the child’s best interest. Sometimes a default hearing is set, or you submit paperwork for a judge to sign off. Check your local court rules on default procedures. In a parentage case, for example, you might need to submit a proposed judgment and perhaps attend a short hearing to establish paternity formally (especially if DNA testing was requested, etc.). In a default, if the Respondent truly never appeared, you must also complete an FL-180 Judgment form and related attachments, and often an FL-190 (Notice of Entry of Judgment). But that’s all further down the road.
If there are temporary issues (like you need a temporary custody order or support before the case concludes), you might file a Request for Order (FL-300) separately after the Summons/Petition are filed and served. That is a motion to get a court date and interim orders. Just note, the Summons/Petition itself doesn’t automatically schedule any immediate court hearing. FL-300 is how you ask for a hearing for temporary orders if needed. Should you need to go that route, remember you cannot have a hearing on custody or support until the Respondent has been served with the Summons for at least a certain number of days (the law requires at least 15 days’ notice for a hearing after service of summons in some cases – and you’d also have to serve the FL-300 documents). The specifics get technical, but basically, get them served with the Summons first, then you have the freedom to seek orders with proper notice.

Alright, with the Summons filled out and served, you have officially started your case. Next, we will illustrate some real-world examples of how FL-210 is used in different scenarios, and address the differences with the divorce summons FL-110. This will help ensure you’re using the right forms for your situation.

Example Scenarios: Using FL-210 Summons in Different Cases

To make all this more concrete, let’s look at a few example scenarios. We’ll see how Form FL-210 fits into each and what other forms or considerations come with it. These scenarios cover common family law situations: a standard divorce with kids, an unmarried parent case, and a special situation involving multiple states for custody. We’ll present them in a comparative table for clarity:

Scenario / Case Type	Which Summons & Forms to Use	Notes on Filling Out and Special Requirements
Divorce with Minor Children (Married)	Use Summons FL-110 (not FL-210) with a FL-100 Petition for Dissolution. Include FL-105 (UCCJEA) for the children.	Note: FL-210 is not used for divorces. In a divorce, FL-110 Summons will have additional restraining orders (property, insurance, etc.). Fill out FL-110 similarly (court info, party names – Petitioner is the spouse filing, Respondent is the other spouse). Attach FL-100 (Petition) which asks to end the marriage and address custody, support, property, etc. FL-105 is mandatory since kids are involved. Serve the Summons, Petition, FL-105, and a blank FL-120 (Response) on the other spouse. All procedures (30-day response period, etc.) are similar, but remember to follow divorce-specific rules (like financial disclosures later on). The Summons FL-110’s restraining orders will restrict both spouses from transferring assets or taking loans on property, among other things, so as Petitioner, be mindful of those too.
Unmarried Parents (Paternity/Custody)	Use Summons FL-210 with a FL-200 Petition to Establish Parental Relationship. Include FL-105 (UCCJEA) for any children.	This is the classic use case for FL-210. One parent (e.g., the mother) files to legally establish the father’s paternity (if not already established) and to get custody/visitation orders and possibly child support. Fill out FL-200: list the children, indicate if paternity is acknowledged or if genetic testing is desired, and request custody/visitation arrangements and child support as needed. Fill out FL-210 Summons with the court info and both parents’ names. Attach FL-105 detailing the child’s residency history. Upon filing, temporary travel restrictions for the child apply (no leaving CA). Serve the father (Respondent) with all papers and a blank FL-220 (Response to Petition to Establish Parental Relationship). The father can respond and either agree or contest paternity or custody. If paternity is contested, the court can order genetic testing. If uncontested, the case may proceed to orders on custody and support by agreement or default. Once paternity is confirmed (by agreement, testing, or default), a judgment (often including an order for name change of the birth certificate if requested, custody orders, and support orders) is entered. The Summons FL-210 ensures the father was properly notified and subject to the court’s jurisdiction from the start.
Custody/Support Only (No Marriage, Paternity Already Established)	Use Summons FL-210 with a FL-260 Petition for Custody and Support of Minor Children. Include FL-105 (UCCJEA).	This scenario occurs if the parents are not married (or even if married but choosing this route) and legal parentage is not in dispute. For example, maybe the father signed a voluntary declaration of paternity at the child’s birth (which in California has the force of a judgment of parentage), so paternity is settled. However, the parents have never been to court for custody or support orders, and now one parent wants formal orders. FL-260 is a short petition specifically for this: it asks the court to order custody, visitation, and support for children, without addressing parentage (assuming it’s acknowledged) and without ending a marriage. With FL-260, you still need a Summons – FL-210 is used here as well. Fill out FL-210 (Petitioner is the parent filing, Respondent is the other parent) and attach FL-260. You’ll also attach FL-105 to declare the child’s residency history. Serve the other parent with FL-210, FL-260, FL-105, and a blank FL-270 (Response to Petition for Custody and Support). The process afterwards is similar: the other parent can respond within 30 days. Because there’s no question of “are we the parents?” (it’s already established), the court will focus on crafting custody and visitation orders in the child’s best interest and setting child support per the guideline formula. This approach is sometimes used by parents who don’t want to divorce (or were never married) but need a court order – for instance, if parents split up and one wants an official custody arrangement and support, they might file FL-260. The Summons FL-210 again provides the required notice and restrains out-of-state moves of the child during the case.

These examples show how FL-210 and its cousin FL-110 are used in different situations. Notice that in every scenario involving minor children, the FL-105 (UCCJEA) is a common thread – it must accompany the initial filings. Also, service of process is a common step in all scenarios.

Let’s highlight a detailed example to cement your understanding:

Example Walk-Through: Unmarried Parent Filing FL-210 (Real-World Illustration)

Example: Maria and Juan have a 3-year-old son, Alex. They were never married. Juan’s paternity was never legally established (no court case, though he is on the birth certificate which in California is usually because he signed a voluntary declaration of paternity at the hospital). Maria has been the primary caregiver; Juan sees Alex occasionally but informally. Now, Maria wants a formal custody order and child support because informal arrangements aren’t working. She decides to file a parentage case.

Maria as Petitioner: Maria fills out FL-200 (Petition to Establish Parental Relationship). She checks the boxes asking the court to determine that Juan is Alex’s father (though he’s on the birth certificate, she wants a court order to that effect), and she requests sole legal and physical custody of Alex with reasonable visitation for Juan, and guideline child support. She also checks the box asking to change Alex’s last name to include Juan’s last name (just an example of something that could be requested in a paternity case). She signs FL-200 under penalty of perjury.
Summons FL-210: Maria fills out FL-210. In the top section, she writes her name and address, marks “In Pro Per.” She fills in “Superior Court of California, County of San Diego, Central Division – Family Court” (as an example of her local court). She writes “Maria Gonzalez” as Petitioner and “Juan Rivera” as Respondent. She leaves the case number blank. She does not write anywhere on the body text. She reads the restraining order on page 2, which says she can’t take Alex out of California until the case is done without permission. Maria had been planning to visit her family in Mexico next month – now she realizes she either needs Juan’s written permission or she’ll postpone the trip. She decides to postpone, as this is now a legal constraint.
UCCJEA form: Maria completes FL-105. Alex is 3, and has lived with Maria in California since birth, except for a 6-month period last year when Maria and Alex temporarily stayed with Maria’s sister in Arizona. She lists the addresses and time frames, and notes that Juan has had visitation but there’s been no other court case about Alex. She signs FL-105.
Filing: Maria makes two copies of everything. She goes to the courthouse and files the forms. She pays the $435 filing fee. The clerk files the documents, assigns a case number FD037845, and stamps Maria’s copies. The clerk signs or stamps the Summons, making it official. Maria now has a stack of papers to serve: Summons, Petition, UCCJEA, plus the court clerk also gave her a blank FL-220 (Response) and an FL-115 (proof of service) form, along with maybe a “Family Law Case Starter” packet (some courts hand out info sheets).
Serving Juan: Maria asks her brother, who is 20, to serve Juan. One evening, they drive to Juan’s house. Maria waits in the car while her brother goes to the door. Her brother hands Juan the papers and says, “These are court papers – you’ve been served.” Juan is upset but takes them. (Maria wisely chose not to serve him herself to keep things civil and to comply with the rule.) Maria’s brother fills out the FL-115 proof of service when they get home: he writes his name, checks the box that he personally served Juan with Summons, Petition, UCCJEA, and blank Response on that date at that address. He signs it.
Proof filing: Next day, Maria files the signed FL-115 proof of service at the court. Now the clock is ticking for Juan.
Juan’s response: Suppose Juan responds within a couple of weeks by filing FL-220 (Response to Petition). He agrees he is the father. He checks that he wants joint legal custody and significant visitation (disagrees with Maria’s sole custody request). He does not agree to the name change. He also files his own FL-105 UCCJEA, confirming Alex’s residence history and also listing that he was involved in a child support case by the local child support agency (surprise to Maria, perhaps, if at one point welfare was involved or such – just hypothetically). Now the case will proceed with both sides – possibly to mediation for custody, and then to a court order or trial if they can’t agree.
Outcome: Eventually, Maria and Juan reach a parenting plan in mediation: Maria has primary custody, Juan gets alternate weekends and an evening a week, and they share legal custody. Child support is set per guideline. A judgment is prepared, both sign it (or it goes to a hearing and a judge orders it). The judge signs a Judgment (FL-250 or FL-180) establishing Juan’s paternity, the custody arrangement, and support. That final judgment resolves the case. The Summons was the critical first step that gave the court power to make all these orders – without it, the court would never have jurisdiction over Juan or the subject matter.

This example highlights how the forms come together: Summons + Petition + UCCJEA + service + response.

Example Comparison: Mistake to Avoid – Using the Wrong Summons

Consider another brief example: Liam wants to divorce his wife, Olivia, in California. He has one child with her. He goes online and finds information about “Summons FL-210” (maybe he stumbled on the term and didn’t realize it’s for parentage cases). He fills out FL-210 naming himself and Olivia, attaches FL-100 (divorce petition), and files it. The court clerk might actually accept it (some clerks might catch the error, but they might not). He serves Olivia with FL-210 and the divorce petition. This is technically incorrect, because the proper Summons for a divorce is FL-110, not FL-210. What problems could this cause? Possibly none immediately – Olivia is still put on notice, and if she responds, probably no one raises an issue. But suppose Olivia doesn’t respond and Liam tries to get a default judgment. A judge reviewing the file might notice the Summons is the wrong form. In the worst case, they might require him to re-serve using the correct Summons (because FL-210 doesn’t contain the property restraining orders that should bind the parties in a divorce). This would delay his case and create extra work.

Lesson: Always use the correct Summons form for your case type. FL-210 for parentage/custody cases; FL-110 for divorce/separation/annulment. If you’re unsure, check the heading on your Petition: FL-100 mentions dissolution/legal separation; FL-200/260 mention parental relationship or custody/support. Match accordingly. (If you accidentally use FL-210 for a divorce or vice versa, consult the court’s self-help center on how to correct it – you may need to reserve properly.)

Pros and Cons of Filing Without a Lawyer (Pro Se)

Many people filling out FL-210 and related forms are doing so without an attorney. This is absolutely doable – California provides self-help resources and the forms are meant for the layperson to use – but it has upsides and downsides. Here’s a balanced look at the pros and cons of handling a family law filing on your own, presented in a quick-reference table:

Pros of Filing on Your Own (Self-Represented)	Cons of Filing Without an Attorney
Save on legal fees: You avoid the cost of attorney’s fees, which can be significant. Filing on your own is budget-friendly, which is important for many families.	Risk of errors: Family law forms can be confusing. Without legal guidance, you might fill something out incorrectly or miss a required form, potentially causing delays or issues in your case.
Control over the process: You have full control over your case timeline and decisions. You don’t have to wait on an attorney’s schedule; you can file and push the case forward at your own pace.	Procedural complexity: Court procedures and rules can be hard to navigate. Deadlines, service rules, local court rules, etc., can trip up those unfamiliar with them. Mistakes in procedure (like improper service or missing a filing deadline) could mean your case gets dismissed or you lose rights.
Direct knowledge: Representing yourself forces you to learn about the law and your rights. You become intimately aware of the details of your case (which can be empowering). You speak for yourself directly in court, ensuring the judge hears from you firsthand.	Emotional stress: Family law cases are often emotional (divorce, custody battles). Handling all the paperwork and court appearances on your own, while dealing with the personal aspects, can add stress. An attorney can act as a buffer and guide in high-conflict situations.
Flexibility and informality: Some find that as a self-represented party, they can communicate directly with the other party to negotiate and perhaps reach agreements without the formality attorneys sometimes impose. If you and the other side are amicable, you might resolve things quicker on your own (using something like a mediator for help).	Lack of legal expertise: Attorneys are trained to know not just the law, but strategies – for example, what to ask for in a petition, how to phrase requests, or how to handle a non-cooperative opposing party. Without that expertise, you might inadvertently give up rights or not realize you’re entitled to something (like a specific type of custody or support calculation). It’s possible to make legal arguments or cite laws incorrectly, which could affect the outcome.
Court provided resources: In California, many courts have a Family Law Facilitator or Self-Help Center that can assist self-represented litigants with forms for free. You can take advantage of these resources (which you’ve effectively done by reading guides like this).	Outcome could be compromised: In more complex cases (e.g., cases involving substantial assets, unusual custody issues, interstate jurisdiction fights, etc.), not having a lawyer could lead to a less favorable outcome. For instance, if the other party has an attorney, you may be at a disadvantage in court hearings because the attorney knows how to present evidence and objections properly.

Common Mistakes to Avoid When Completing FL-210

Even with careful guidance, it’s easy to make mistakes on legal forms, especially if you’re new to the process. Here are some common mistakes people make with the Summons (FL-210) and related forms, and how to avoid them:

Using the wrong form: As mentioned, using FL-210 for a divorce case (or vice versa using FL-110 for a parentage case) is a mistake. Always double-check you have the correct Summons for your type of case. The title of FL-210 is “Summons (Uniform Parentage—Petition for Custody and Support)”. If your Petition is about divorce or domestic partnership, that’s the wrong summons. Similarly, if establishing parentage or filing custody for unmarried parents, don’t use the divorce Summons.
Not including all necessary forms: A very common error is forgetting to include Form FL-105 (UCCJEA) when there are children involved. Courts almost always reject or delay filings if FL-105 is missing in a case about custody. Also, forgetting to serve the blank Response form on the Respondent is a mistake. When serving, you should also include any local court forms if your county requires them (some counties have local cover sheets or special local forms for family cases – check your court’s website or self-help center). Failing to provide all documents to the other party can give them grounds to quash service or complain to the judge that they weren’t fully informed.
Misspelling or misidentifying parties: It sounds basic, but double-check all names. If the Respondent’s legal name is “Jonathan Smith Jr.”, don’t write “John Smith” or leave off the Jr. or misspell it as “Smithe”. The names on the Summons and Petition and all subsequent orders should be consistent. If you recently changed your name or the other party uses multiple aliases, mention those in the Petition (there’s often an AKA line in petitions for that purpose), but the Summons will generally use the true legal name. Mistakes here can complicate enforcement of orders later (like trying to enforce child support when the name on the order doesn’t exactly match the person’s ID).
Filling out information where you shouldn’t: Writing in the body of the Summons or altering any of the pre-printed text is a mistake. Don’t cross out or try to rewrite the restraining order or notice language. If you need to convey something specific, the Summons isn’t the place – that belongs in your Petition or a motion. Also, don’t sign the clerk’s signature line or put a date next to it; that’s for the court.
Serving improperly: One huge pitfall is attempting to serve the Summons yourself. Many petitioners have made this mistake not realizing it’s not allowed. If you hand the papers to the Respondent personally, that service is invalid (unless they later file a response or sign a notice of acknowledgment, effectively waiving the defect – but you shouldn’t rely on that). Always use a third party. Another service error is substitute-serving too early (e.g., leaving it with a roommate without trying personal service first the required number of times) or not mailing after substitute service. If you must do substituted service, remember it’s a two-step: leave with person + mail a copy to same address. All details of service have to be right. If something is done wrong, the Respondent might not be legally obligated to respond, and your case can’t proceed.
Not filing the Proof of Service: Serving the Respondent is step one; forgetting to file the proof of service with the court is step two that some self-represented litigants overlook. They think “I gave them the papers, so the court knows.” No, the court only knows through the filed proof. If you don’t file FL-115, the judge has no official notice that the other party was served. This could stall your case indefinitely. Always get that proof in the file as soon as possible.
Ignoring the 30-day response timeline (from either perspective): If you’re the Petitioner, don’t take default prematurely (you must wait 30 days after service, starting count from the day after service, and even then you should check if a response was filed just before you file a default request). If you’re the Respondent and you’ve been served, don’t assume you have plenty of time or that you can talk it out instead of responding. 30 days goes by faster than you think, and on day 31 the Petitioner can request default. A common mistake Respondents make is thinking they can negotiate informally and that extends their time – it doesn’t, unless you sign a stipulation or Notice of Acknowledgment that gives more time. As a Petitioner, if you want to give the Respondent an extension to respond beyond 30 days, do it in writing clearly, or they should file an appearance and ask for time.
Violating the restraining orders: We’ve emphasized this, but it’s a mistake some make out of ignorance – e.g., a parent files the case and then moves the children to another state without permission because they didn’t read page 2 of the Summons, or a spouse in a divorce empties a joint bank account post-filing. These moves can seriously backfire legally. Judges can impose penalties for violating the ATROs (Automatic Temporary Restraining Orders). Always read and follow those rules to the letter until the case is done or they’re modified by court order.
Not keeping copies and records: After you fill and file everything, keep your stamped copies in a safe place. Some people lose track of the paperwork and case number, which complicates things. Also, note down deadlines (30-day response window, etc.). If the Respondent was served on January 1, mark your calendar for January 31 (day 30 would be Jan 31) as the response deadline, so you know when you can move for default or should have heard from them. Staying organized will help you avoid missing important next steps.
Incomplete or inconsistent petition details: While this is more about the petition than the Summons, it’s related – if your Summons is fine but your petition is half-empty or contradictory, you might run into trouble later. A common example: forgetting to check a box in the petition (like you forgot to ask for child support in the petition, and later try to get it – you generally can’t get relief you didn’t request in the petition once you default the other side, per Marriage of Lippel and other cases). So, while filling your Summons, double-check your petition to ensure you’ve marked everything you want the court to address. You can’t, for instance, add new requests after the other party is in default. Make your petition thorough from the start.

By being mindful of these potential pitfalls, you can save yourself a lot of frustration, wasted time, and even legal consequences. When in doubt, use the self-help resources available or ask the family law facilitator to review your forms.

FAQs (Frequently Asked Questions)

Finally, let’s address some common questions that people often ask about Form FL-210 Summons and related California family law procedures. These are real questions that tend to come up, especially from individuals who are new to the process:

Q: Is Form FL-210 used for divorce cases in New York or California?
A: FL-210 is a California form, not used in New York. In California, FL-210 is for parentage or custody cases (unmarried parents). Divorce cases in California use FL-110 Summons. New York has its own divorce summons forms and doesn’t use “FL” forms.
Q: I’m the Respondent – do I need to fill out or sign the FL-210 Summons I received?
A: No. The Summons is prepared by the Petitioner and served on you (the Respondent) as a notice. You do not write on it or send it back. Instead, you need to file a Response (Form FL-220 for parentage cases, or FL-120 for divorces) within 30 days if you want to participate in the case.
Q: What happens if the Respondent doesn’t respond within 30 days after being served with FL-210?
A: The Petitioner can request a default judgment from the court. This means the court may proceed to grant the requests in the Petition without the Respondent’s input, as long as everything was served properly and the requested orders are reasonable and comply with the law. (The Respondent loses the right to contest, but they can still be heard on custody if they show up at a default hearing in some cases.) It’s always best for a Respondent to file a Response if they want a say in orders.
Q: Do I really need to file Form FL-105 (UCCJEA) with my Summons and Petition?
A: Yes, if there are minor children involved in your case. California courts require the UCCJEA form in any family case where custody or visitation is an issue. It provides the court with necessary jurisdictional information. If you don’t file it, your case can be delayed or your custody orders could even be invalidated until the court knows it has jurisdiction.
Q: Can I serve the Summons by mail or email instead of personal service?
A: Not by email. By mail only if the Respondent signs a Notice of Acknowledgment of Receipt (Form FL-117) voluntarily. Otherwise, you must do personal service. Email service is not accepted for Summons unless a judge specifically permits an alternative method (very rare in initial service). If the Respondent is cooperative, mailing with FL-117 is an option, but if they don’t return the signed form, you’ll have to serve them in person.
Q: What’s the difference between FL-210 and FL-110 Summons, in simple terms?
A: FL-110 is for divorce, legal separation, or nullity cases (ending a marriage or domestic partnership). It includes additional automatic restraining orders about property and finances. FL-210 is for parentage or custody/support cases (typically unmarried parents). It has a restraining order only about the children (no moving them or getting passports). They serve similar functions (notify Respondent, 30-day response, etc.), but they are tailored to different case types.
Q: How do I know which court to put on the Summons?
A: Use the Superior Court in the county with proper venue. For divorce, generally the county where either spouse has lived for at least 3 months (and in CA for 6 months). For parentage, the county where the child resides or can be found is usually appropriate (or where either parent resides). Within the county, choose the correct courthouse if the county has multiple family courthouses (check the court’s website by your ZIP code). The Summons should have the same court as where you will file the papers.
Q: Do I have to attach the blank Response form when serving the Summons?
A: Yes. Always include a blank copy of the Response form (and any blank financial forms if support is an issue, such as an Income and Expense Declaration) when you serve the Summons and Petition. It’s required so the Respondent has the tools to respond. Failing to do so can be a technical defect in service.
Q: If I can’t afford a lawyer, who can help me fill out these forms correctly?
A: In California, every county has a Family Law Facilitator or Self-Help Center. They can often help you for free with filling out forms like FL-210, FL-200, FL-105, etc., or at least review them for completeness. They won’t give you legal advice on strategy, but they will make sure you haven’t missed anything and that the forms are filled out properly. Additionally, there are low-cost legal aid organizations and workshops for family law in many areas. Online resources (like the California Courts self-help website) provide step-by-step instructions as well.
Q: Once I serve the Summons and Petition, can the court make any orders before the case is finished?
A: The court can’t issue final orders until the proper procedures are done, but if you need temporary orders (like a custody arrangement or support while the case is pending), you can file a Request for Order (FL-300) after the Summons/Petition are served. This will get you a court date to address temporary issues. Also, the Summons’s restraining orders are immediate temporary orders by default (for example, preventing moving the child). For anything further (like a temporary custody schedule or temporary child support), you have to request a hearing. If both parties agree on temporary arrangements, you can also sign a stipulation and have the court approve it.

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