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The CS 909 form, officially titled the Declaration of Paternity, plays a crucial role for unmarried parents in California. This form is intended for situations where the father’s name needs to be legally recognized on a child's birth certificate when the parents are not married. It empowers both parents to establish a formal relationship with their child, ensuring that the child's rights to know and maintain connections with both parents are safeguarded. Both the biological mother, if unmarried, and the biological father can voluntarily sign this document, which requires notarization or witnessing by an authorized representative at a hospital or agency. Importantly, signing the CS 909 allows the father's name to be added to the birth certificate and doesn't necessitate a court appearance to affirm paternity, thus simplifying the legal process surrounding fatherhood. Additionally, the form outlines the rights being waived by signing, such as the opportunity for a court trial concerning paternity. It is vital for parents to understand the implications of this form, including its potential challenges and the process for rescission, should they change their mind after signing. Overall, the Declaration of Paternity fosters a clearer understanding of parental rights and responsibilities, benefiting the child’s well-being and legal standing.

Cs 909 Example

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY – NOTICE

CS 909 (12/08)

IMPORTANT NOTICE TO UNMARRIED PARENTS

If the parents of the child are not legally married, the father’s name will not be added to the birth certificate unless you:

(1)sign a Declaration of Paternity in the hospital or (2) sign the form later or (3) legally establish paternity through the courts and pay a fee to amend the birth certificate.

WHAT IS THE PURPOSE OF A DECLARATION OF PATERNITY?

A Declaration of Paternity form is used to legally establish the paternity (the father) of a child when the mother and father are not married to each other. It should be signed by the biological mother only if she is not married. It may be signed by the biological father regardless of his marital status. Signing this form is voluntary. If any part of this form does not make sense to you, talk to your Local Child Support Agency or a lawyer before signing the form.

HOW WILL YOU AND YOUR CHILD BENEFIT IF YOU SIGN THIS FORM?

When both parents sign this form it will:

•Legally establish a parent-child relationship between the biological father and the child. Your child has the right to know his or her mother and father and to benefit from a relationship with both parents.

•Allow the father’s name to be added to the birth certificate. Your child will benefit by having both of your names appear on his or her birth certificate. If the form is signed after the child’s birth certificate is prepared, there will be a fee to amend the birth certificate to add the father’s name.

•Legally establish the man as the child’s father without going to court. This will give the father parental rights such as the right to seek child custody and visitation through a court action and to be consulted about the adoption of the child.

•Make it easier for your child to learn the medical histories of both parents, to benefit from the father’s health care coverage, and to receive Social Security or Veterans’ dependent or survivor’s benefits, if eligible.

WHAT DOES IT MEAN IF YOU SIGN A DECLARATION OF PATERNITY?

•A correctly completed and signed Declaration of Paternity filed with the California Department of Child Support Services will have the same effect as a court order establishing paternity for the child. If your child does not live with you and a court action is filed, you may be ordered by the court to pay child support. A court action must be filed to deal with the issues of custody, visitation or child support.

•By signing this declaration, you are, by your choice, giving up all of the following rights, as they relate to paternity establishment: the right to a trial in court to decide the issue of paternity; to notice of any hearing on the issue of paternity; to have the opportunity to present your case to the court, including the right to present and cross examine witnesses; to have an attorney represent you; or to have an attorney appointed to represent you if you cannot afford one in an action filed by the Local Child Support Agency.

•A Declaration of Paternity may be challenged in court only in the first two years after the child’s birth by using blood and genetic tests that prove the man is not the biological father. It also may be overturned if the father or mother is able to prove that he/she signed the form because of fraud, duress, or material mistake of fact.

•If either or both of you are under the age of eighteen, a Declaration of Paternity will not establish paternity until sixty days after both of you are age eighteen or are legally emancipated. If you wish to legally establish paternity before both of you become adults, you should consult an attorney.

IF YOU CHANGE YOUR MIND AFTER YOU SIGN A DECLARATION OF PATERNITY

•If either of you later change your mind after you sign this form, you must complete a Declaration of Paternity Rescission Form (CS 915) to cancel or rescind the Declaration of Paternity. You must file the rescission form with the California Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. You can get a rescission form from your local child support agency, local registrar of births and deaths, family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop.

•For further questions contact a State POP Coordinator toll-free at (866) 249-0773.

PRIVACY NOTICE - The Information Practices Act of 1977 (Civil Code §1798.17) and the Federal Privacy Act of 1974 (Title 5, United States Code §552a(e)(3), §7 Note) require that this notice be provided when collecting personal information and social security number from individuals. Information requested on this form is used by the Department of Child Support Services (DCSS) and local child support agencies for the purposes of identification and establishing paternity. The personal information may be shared with child support agencies, welfare agencies, courts and entities providing services to such agencies. Failure to provide the mandatory information may result in the rejection of filing the declaration with the DCSS.

The agency official responsible for maintenance of the forms is: State Coordinator at the Paternity Opportunity Program of DCSS, Tel: (866-249-0773). Legal references authorizing solicitation and maintenance of this personal information include Title 42, United States Code §666(a)(13), Family Code §§7570-7577, and §17212. Copies of the Declaration of Paternity are maintained in confidential files of the Department of Child Support Services. Declarants have the right of access to their filed declaration form(s) upon request by calling (866-249-0773).

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY – INSTRUCTIONS FOR COMPLETION COVERSHEET

CS 909 (12/08)

THIS FORM IS TO BE COMPLETED ONLY WHEN THE MOTHER IS UNMARRIED.

GENERAL INFORMATION

SECTION A

SECTION B

SECTION C

SECTION D

FILING THIS FORM

CANCELING OR RESCINDING THIS FORM

The attached declaration form is to be used by unmarried parents to declare the father of the child. Paternity means legal fatherhood. Completing and signing this form is voluntary. THIS IS A LEGAL

DOCUMENT. PLEASE CAREFULLY READ THE REVERSE SIDE OF THE FORM BEFORE YOU SIGN IT; there is important information about what it means to you and your child when you sign this form. IN ORDER FOR THE DECLARATION OF PATERNITY TO BE FILED, BOTH PARENTS SHALL COMPLETE ALL PORTIONS OF SECTIONS A AND B AND SIGN THIS FORM. The form must be signed in the presence of a witness from the hospital or agency accepting the form. If not signed at a hospital, prenatal clinic or public agency, you must sign the form in the presence of a Notary Public. If you are the biological father and you wish to have your name entered on the child’s birth certificate, you must sign this form. Otherwise, you must go to court to establish legal paternity and pay a fee to amend the child’s birth certificate to add you name. Please see section “Filing This Form” below for more details.

PLEASE USE BLACK OR BLUE INK WHEN FILLING OUT THE ATTACHED FORM. PRINT ALL INFORMATION, EXCEPT FOR YOUR SIGNATURE. PLEASE PRESS FIRMLY AND PRINT CLEARLY WHEN FILLING OUT THE FORM. THIS FORM MUST BE SIGNED IN THE PRESENCE OF AN AUTHORIZED REPRESENTATIVE OR A NOTARY PUBLIC.

All portions of this section must be completed. This section identifies the mother, biological father, child and the place of the child’s birth. Your social security number may be used so child support, and other benefits your child may need, may be collected. If you write down your social security number, it will be on any copies made of this form. If you don’t have a social security number, you must check the box indicating that you do not have one. Failure to provide a social security number or check the box indicating you do not have one, may result in your declaration not being filed and returned to you.

In this section, both parents declare they are the mother and biological father of the child named on this form. Both parents must sign and date the form, for this form to be legal. PLEASE READ THE

REVERSE SIDE OF THE FORM BEFORE YOU SIGN IT.

This section is to be completed by the person who is a witness to the parents’ signatures on the form. The witness must be an official representative of the hospital or agency accepting the form.

This section is to be completed ONLY when the form is witnessed by a Notary Public. If parents do not complete the form at a hospital, prenatal clinic or public agency, they can only sign it before a Notary Public. This section is to be completed, signed and stamped by a Notary Public.

The original of this form MUST be sent to:

Department of Child Support Services

Paternity Opportunity Program (POP)

P.O. Box 419070

Rancho Cordova, CA 95741-9070

THE ORIGINAL OF THIS FORM MUST BE SENT WITHIN 20 DAYS OF THE DATE IT WAS SIGNED.

If you did not complete this form at the hospital (or when you registered your child’s birth), and you want to add the father’s name to the birth certificate, you must contact the California Department of Public Health, Office of Vital Records, MS 5103, PO Box 997410, Sacramento, CA 95899-7410 or your local Registrar of Births and Deaths. They will provide you with the additional forms you need to complete. You will be charged a fee to have your child’s birth certificate changed to include the father’s name. Both parents will be given a copy of this form. This form is an important legal record.

To rescind or cancel this form, either parent must complete and sign a Declaration of Paternity Rescission (CS 915). This form must be filed with the California Department of Child Support Services POP Unit (see address above) within sixty days of the date the paternity declaration was signed. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. To obtain a form to rescind or cancel this form, contact the local child support agency, local registrar of births and deaths, or family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop/. Evidence that a copy of the form has been provided to the other parent must also be provided with the rescission form. Rescinding this form will not remove the father’s name from the birth certificate.

SIGNATURE OF FATHER

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

 

 

 

 

 

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY

 

SEND ORIGINAL (White Copy) TO: DCSS – Paternity Opportunity Program

CS 909 (12/08)

 

 

 

 

 

 

PO Box 419070

INSTRUCTIONS: PLEASE READ PAGE 1 AND 2 BEFORE COMPLETING

 

Rancho Cordova, CA 95741-9070

 

 

 

 

 

 

 

 

 

 

SECTION A

ALL PARTS OF SECTIONS A & B SHALL BE COMPLETED AND EITHER SECTION C OR D WITNESSED

 

CHANGES CANNOT BE MADE TO THIS FORM ONCE IT IS FILED WITH THE STATE

 

 

 

NAME OF CHILD – FIRST

 

MIDDLE

 

 

LAST

Child

 

 

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SEX

 

 

 

 

 

 

 

 

 

 

 

 

 

HOSPITAL NAME

 

 

 

 

CITY

Place of

 

 

 

 

 

 

 

Birth

 

 

 

 

 

 

 

COUNTY

 

STATE

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF FATHER – FIRST

 

MIDDLE

 

 

 

LAST

Father’s

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SOCIAL SECURITY NO. (See Privacy Notice on back of this page)

 

BY CHECKING THIS BOX I CERTIFY I DO NOT

Information

 

 

 

 

 

 

 

 

 

 

 

 

HAVE A SOCIAL SECURITY NUMBER

 

 

 

 

 

 

 

 

CURRENT ADDRESS (NUMBER, STREET, CITY, STATE, ZIP)

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF MOTHER – FIRST

 

MIDDLE

 

 

 

LAST

Mother’s

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SOCIAL SECURITY NO. (See Privacy Notice on back of this page)

 

BY CHECKING THIS BOX I CERTIFY I DO NOT

Information

 

 

 

 

 

 

 

 

 

 

 

 

HAVE A SOCIAL SECURITY NUMBER

 

 

 

 

 

 

 

 

CURRENT ADDRESS (NUMBER, STREET, CITY, STATE, ZIP)

 

 

 

 

 

 

 

 

 

 

 

 

SECTION B READ OTHER SIDE BEFORE SIGNING

 

 

 

 

 

 

 

 

I declare under the penalty of perjury under the laws of the State of California

I declare under the penalty of perjury under the laws of the State of California

that I am the biological father of the child named on this declaration and that the

that I am the unmarried natural mother of the child named on this

information I have provided is true and correct. I have read and understand the

declaration and that the information I have provided is true and correct. I

rights and responsibilities described on the back of this form.

I understand that

have read and understand the rights and responsibilities described on the

 

SAMPLE

by signing this form I am consenting to the establishment of paternity, thereby

back of this form. I certify that the man signing this form is the only possible

waiving those rights. I am assuming all of the rights and responsibilities as the

father of this child. I know that by signing this form I am establishing the man

biological father of this child. I wish to be named as the father on the child’s birth

signing this form as the biological father of this child with all the rights and

certificate.

 

 

 

responsibilities of a biological father under the laws of California. I consent to

I have been orally informed of my rights and responsibilities.

 

 

the establishment of paternity by signing this form. I have been orally

 

 

informed of my rights and responsibilities.

 

 

 

 

DATE SIGNED

SIGNATURE OF MOTHER

DATE SIGNED

SECTION C TO BE COMPLETED BY A WITNESS AT THE HOSPITAL, AGENCY OR CLINIC (PLEASE PRINT AND SIGN)

DECLARATION WITNESSED BY (SIGNATURE AND PRINTED NAME)

NAME OF AGENCY (HOSPITAL, CLINIC OR OTHER)

CURRENT ADDRESS (NUMBER, STREET, CITY, ZIP)

DATE SIGNED

SECTION D TO BE COMPLETED BY A NOTARY PUBLIC IF SECTION C IS NOT WITNESSED ABOVE

State of ______________________________________

County of ______________________________________

 

On _____________________________ before me, ____________________________________________________

 

(date)

(insert name and title of the officer)

 

Personally appeared ____________________________________________________________________________

 

_______________________________________________________________________________________________

 

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are

 

subscribed to the within instrument and acknowledged to me that he/she/they executed the same in

 

his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)

 

or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY

 

OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal. Signature____________________________________________________

(SEAL)

 

 

 

 

 

 

DISTRIBUTION: Original White Copy – DCSS

Yellow & Pink Copies – Parents

Green Copy – Local Child Support Agency

WHAT IS THE PURPOSE OF A DECLARATION OF PATERNITY?

A Declaration of Paternity form is used to legally establish the paternity (the father) of a child when the mother and father are not married to each other. It should be signed by the biological mother only if she is not married. It may be signed by the biological father regardless of his marital status. Signing this form is voluntary. If any part of this form does not make sense to you, talk to your Local Child Support Agency or a lawyer before signing the form.

HOW WILL YOU AND YOUR CHILD BENEFIT IF YOU SIGN THIS FORM?

When both parents sign this form it will:

•Legally establish a parent-child relationship between the biological father and the child. Your child has the right to know his or her mother and father and to benefit from a relationship with both parents.

•Allow the father’s name to be added to the birth certificate. Your child will benefit by having both of your names appear on his or her birth certificate. If the form is signed after the child’s birth certificate is prepared, there will be a fee to amend the birth certificate to add the father’s name.

•Legally establish the man as the child’s father without going to court. This will give the father parental rights such as the right to seek child custody and visitation through a court action and to be consulted about the adoption of the child.

•Make it easier for your child to learn the medical histories of both parents, to benefit from the father’s health care coverage, and to receive Social Security or Veterans’ dependent or survivor’s benefits, if eligible.

WHAT DOES IT MEAN IF YOU SIGN A DECLARATION OF PATERNITY?

•A correctly completed and signed Declaration of Paternity filed with the California Department of Child Support Services will have the same effect as a court order establishing paternity for the child. If your child does not live with you and a court action is filed, you may be ordered by the court to pay child support. A court action must be filed to deal with the issues of custody, visitation or child support.

•By signing this declaration, you are, by your choice, giving up all of the following rights, as they relate to paternity establishment: the right to a trial in court to decide the issue of paternity; to notice of any hearing on the issue of paternity; to have the opportunity to present your case to the court, including the right to present and cross examine witnesses; to have an attorney represent you; or to have an attorney appointed to represent you if you cannot afford one in an action filed by the Local Child Support Agency.

•A Declaration of Paternity may be challenged in court only in the first two years after the child’s birth by using blood and genetic tests that prove the man is not the biological father. It also may be overturned if the father or mother is able to prove that he/she signed the form because of fraud, duress, or material mistake of fact.

•If either or both of you are under the age of eighteen, a Declaration of Paternity will not establish paternity until sixty days after both of you are age eighteen or are legally emancipated. If you wish to legally establish paternity before both of you become adults, you should consult an attorney.

IF YOU CHANGE YOUR MIND AFTER YOU SIGN A DECLARATION OF PATERNITY

•If either of you later change your mind after you sign this form, you must complete a Declaration of Paternity Rescission Form (CS 915) to cancel or rescind the Declaration of Paternity. You must file the rescission form with the California Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. You can get a rescission form from your local child support agency, local registrar of births and deaths, family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop.

•For further questions contact a State POP Coordinator toll-free at (866) 249-0773.

PRIVACY NOTICE - The Information Practices Act of 1977 (Civil Code §1798.17) and the Federal Privacy Act of 1974 (Title 5, United States Code §552a(e)(3), §7 Note) require that this notice be provided when collecting personal information and social security number from individuals. Information requested on this form is used by the Department of Child Support Services (DCSS) and local child support agencies for the purposes of identification and establishing paternity. The personal information may be shared with child support agencies, welfare agencies, courts and entities providing services to such agencies. Failure to provide the mandatory information may result in the rejection of filing the declaration with the DCSS.

The agency official responsible for maintenance of the forms is: State Coordinator at the Paternity Opportunity Program of DCSS, Tel: (866-249-0773). Legal references authorizing solicitation and maintenance of this personal information include Title 42, United States Code §666(a)(13), Family Code §§7570-7577, and §17212. Copies of the Declaration of Paternity are maintained in confidential files of the Department of Child Support Services. Declarants have the right of access to their filed declaration form(s) upon request by calling (866-249-0773).

Get Cs 909 PDF Form

Form Characteristics

Fact Name Detail
Purpose The CS 909 form establishes legal paternity for children born to unmarried parents in California.
Impact on Birth Certificate If completed, the father’s name will be added to the child's birth certificate.
Voluntary Signing Signing the Declaration of Paternity is completely voluntary for both parents.
Legal Rights By signing, parents waive certain rights, such as the right to a court trial over paternity disputes.
Two-Year Challenge Period Challenges to the Declaration can only occur within two years of a child’s birth using available blood tests.
Minors and Paternity Establishment If the parents are under 18, the declaration takes effect only after both reach age 18 or are legally emancipated.
Rescission Process If either parent wishes to withdraw their declaration, they must file a rescission (CS 915) within 60 days.

Guidelines on Utilizing Cs 909

Completing the CS 909 form is a significant step for unmarried parents seeking to establish legal paternity for their child. This process requires careful attention to detail, as the information provided will play a pivotal role in numerous legal and familial rights associated with parenthood. Below are the steps to fill out the form accurately and effectively.

  1. Obtain the Form: First, ensure you have the most current version of the CS 909 form. It should be accessible at hospitals, local child support agencies, or online.
  2. Gather Necessary Information: Before starting, collect all required details, including names, birth dates, and social security numbers for both parents and the child.
  3. Complete Section A: Fill in all fields in this section. This includes the child's name, date of birth, sex, place of birth, and the parents' details. Be sure to print clearly using black or blue ink.
  4. Provide Social Security Numbers: If either parent has a social security number, include it; if not, check the box confirming that the number is unavailable. Missing social security numbers may lead to the rejection of the form.
  5. Sign Section B: Both parents must read the information carefully and sign the declaration under penalty of perjury. This signifies that both acknowledge their parenthood and understand their rights and responsibilities. Ensure the signatures are dated.
  6. Witnessing: If the form is signed at a hospital or agency, have a representative sign Section C to confirm witnessing the signatures. If signed elsewhere, proceed to find a Notary Public for Section D.
  7. Notarization: For forms signed outside a hospital, complete Section D in the presence of a Notary Public, who will verify identities and notarize the document.
  8. File the Form: Send the original (white copy) of the completed form within 20 days post-signature to the California Department of Child Support Services at the designated address. Retain copies for personal records.
  9. Understand Additional Processes: If you want the father’s name to appear on the birth certificate after signing the form, be prepared to pay a fee, which includes contacting the Department of Public Health for further documentation.

Following these steps will ensure that the Declaration of Paternity is completed accurately. Should questions arise during the process, engaging with a local child support agency or legal advisor is advisable for clarity and support.

What You Should Know About This Form

What is the Declaration of Paternity (CS 909) used for?

The Declaration of Paternity form is essential for establishing the legal father of a child when the parents are not married. By signing this document, it confirms that the father is recognized by law, which is especially important for unmarried couples. This form is signed by the biological mother only if she is unmarried. However, the biological father can sign it regardless of whether he is married or not. Remember, signing this form is a voluntary decision.

What benefits come from signing the Declaration of Paternity?

When both parents sign the Declaration of Paternity, it creates a legal connection between the father and child. This relationship grants the father essential rights, such as being listed on the child’s birth certificate. This not only benefits the father by giving him legal recognition and rights but also gives the child access to both parents' medical histories and potential benefits, like Social Security or Veteran’s benefits. Signing this form also simplifies the establishment of paternity without needing a court approach, which can often be time-consuming.

Is there any legal effect once the Declaration of Paternity is signed?

Yes, once the Declaration of Paternity is correctly completed and filed with the California Department of Child Support Services, it carries the same weight as a court order that establishes paternity. This means that in situations where custody or child support is contested, the father may be required to contribute financially, based on this declaration. By signing, the father also waives certain rights related to contesting paternity in court, which signifies a strong commitment to recognizing his role.

Can the Declaration of Paternity be changed or rescinded?

If either parent has second thoughts after signing, they have a limited window to take action. Specifically, either parent can rescind the declaration by filing a separate form, known as the Declaration of Paternity Rescission Form (CS 915), within 60 days of signing the initial form. If one of the parents was under 18 at the time of signing, they can rescind the declaration within 60 days after turning 18. It’s crucial to stay mindful of these time frames to ensure that changes can be made appropriately.

What if the parents are under 18 when they sign the form?

For parents under the age of 18, the Declaration of Paternity will not take legal effect until both parents have reached the age of 18 or have been legally emancipated. If you are younger and wish to establish paternity, it's wise to consult an attorney. They can provide guidance on navigating the complexities related to age and legal responsibilities.

How is personal information handled when filing this form?

The privacy of personal information is taken seriously. When you fill out the Declaration of Paternity, your social security numbers and other personal data may be shared with relevant agencies, including child support agencies and courts. However, failures to provide necessary information could lead to the rejection of the filing. Ensure you read through the privacy notice included with the form for clarity on how your information is processed and protected.

Common mistakes

Filling out the CS 909 form can be a crucial step for unmarried parents looking to establish paternity. However, there are common mistakes that can occur during its completion that may lead to complications. One mistake is failing to provide complete information in Sections A and B. Both parents must fill out all required fields without leaving any blanks. Incomplete forms may be rejected, resulting in the need to start over.

Another common error is not signing the document in the presence of a required witness or notary public. Both parents are required to have their signatures witnessed, which is essential for the form to be valid. Skipping this step can invalidate the entire declaration and may require additional steps to rectify.

Some individuals mistakenly do not include their social security numbers, which are necessary for identification purposes. If a parent does not possess a social security number, they must check the appropriate box indicating this. Failure to provide this information correctly can also lead to rejection of the filing.

A frequent issue includes not reading the reverse side of the form where crucial information about the implications of signing the declaration is provided. Understanding these rights and responsibilities is vital. Ignorance of this information can leave a parent unprepared for future legal proceedings related to child support or custody.

People may also rush through the completion of the form without pressing firmly or printing clearly. This can lead to misread information on copies made from the original, creating potential misunderstandings in future actions. Clear printing and proper attention to detail are critical for successful processing.

Another misstep involves waiting too long to file the form. The original must be sent to the Department of Child Support Services within 20 days of signing. Delays can lead to complications in establishing paternity and could incur additional fees later on.

Parents sometimes overlook the need for a witness statement on the form, particularly when a notary public is not involved. If the declaration is completed in a hospital, it must be witnessed by an official representative. Not having this witness can render the form invalid.

Finally, individuals might not follow up after filing the form. Keeping copies and ensuring that the declaration has been accepted by the responsible department is important. Failure to confirm acceptance can leave parents unaware of whether their legal rights have been established, which can lead to future disputes.

Documents used along the form

When navigating the paternity establishment process, several other forms may come into play alongside the CS 909 Declaration of Paternity. These documents help clarify rights, responsibilities, and procedures for parents and guardians. Below is a list of notable forms that are often used in conjunction with the CS 909, providing a brief description of each.

  • CS 915 – Declaration of Paternity Rescission: This form allows either parent to rescind the Declaration of Paternity. It must be filed within 60 days of the original signing, cancelling the previous declaration.
  • CS 699 – Child Support Application: This application is used to formally request child support services from the California Department of Child Support Services. It helps establish financial responsibilities after paternity is confirmed.
  • CS 1000 – Child Support Order: Once paternity has been established, this form is used to create a legal document outlining child support obligations. It ensures that the financial needs of the child are met.
  • FL-260 – Request to Enter Default: In cases where one parent does not respond to a child support or custody claim, this form allows the other parent to proceed and request a default judgment.
  • FL-210 – Petition to Establish Parental Relationship: If paternity is disputed, this form is used to file a petition with the court to legally establish paternity through judicial processes.
  • FL-300 – Summons: This document is issued alongside a petition for paternity and notifies the other parent of the legal action, giving them the opportunity to respond.
  • FL-305 – Response to Petition: If a parent receives a summons, they can use this form to formally respond to the petition regarding paternity or related matters.
  • CS 940 – Health Insurance Information: This form collects information regarding the health insurance coverage available for the child, which is important for ensuring medical care is accessible.
  • FL-355 – Notice of Motion: This document serves to notify the other parent and the court of a motion being made regarding child custody or support issues.

These forms collectively support parents throughout the paternity process, helping to clarify legal standings and responsibilities. Understanding and utilizing these documents can help create a smoother experience for all parties involved, particularly for the well-being of the child.

Similar forms

  • Birth Certificate: Like the CS 909 form, a birth certificate is an official document that establishes parenthood. However, a birth certificate requires legal paternity to be listed as the father, whereas the CS 909 form allows parents to declare paternity voluntarily.
  • Custody Agreement: Both documents can establish rights for a parent regarding a child. While the CS 909 form focuses on establishing paternity, a custody agreement details the arrangements for a child’s living situation and parental responsibilities.
  • Child Support Order: Similar to the CS 909 form, a child support order is a legal document that can determine a parent’s financial responsibilities. The CS 909 form establishes paternity, which can lead to court-ordered child support obligations.
  • Adoption Papers: Both documents involve legal recognition of parental rights. Adoption papers formalize the legal relationship between a child and adoptive parents, while the CS 909 form establishes biological paternity for the child.
  • Affidavit of Parentage: This form serves the same purpose as the CS 909, as both legally recognize biological parents when the parents are not married. The sworn statement in both documents creates a legal acknowledgment of parenthood.

Dos and Don'ts

When filling out the CS 909 form, it’s crucial to know what to do and what to avoid. This form is essential for establishing paternity, and mistakes can complicate the process. Here are eight guidelines to help you:

  • Do ensure that both parents sign the form. Both parents must complete all required sections for the form to be valid.
  • Do use black or blue ink. This is a simple but essential detail that helps ensure clarity and readability.
  • Do seek assistance if needed. If any part of the form confuses you, consult your Local Child Support Agency or a lawyer before signing.
  • Do sign the form in the presence of a witness or Notary Public. This step is vital to ensure the validity of your signatures.
  • Don't leave any sections blank. Incomplete forms may be rejected, causing delays in the paternity establishment process.
  • Don't rush through the form. Take your time to read all instructions carefully, as this is a legal document with important implications.
  • Don't assume your social security number is optional. Failing to provide it could result in your form being returned. If you do not have one, check the appropriate box.
  • Don't forget to send the original form within 20 days. Timeliness is critical to ensure that the paternity declaration is filed properly.

Taking these steps seriously is the best way to ensure a smooth process for establishing paternity. Your actions will have lasting consequences for your child, so get it right the first time.

Misconceptions

Understanding the Cs 909 form is crucial for unmarried parents who want to establish paternity for their child. However, several misconceptions can lead to confusion. Below are ten common misunderstandings along with clarifications to set the record straight.

  1. Signing the form is mandatory. - It's important to know that signing the Declaration of Paternity is voluntary. Parents can choose whether or not to complete this step.
  2. Only the mother needs to sign. - Both parents should sign the form. It's essential for both the biological mother and father to declare their roles in establishing paternity.
  3. Signing establishes paternity automatically. - While signing the form allows for the legal establishment of paternity, it doesn't guarantee that rights and responsibilities will be automatically recognized without following the appropriate legal processes, if needed.
  4. Once signed, the form cannot be changed. - While changes cannot be made post-signing, parents have the option to rescind the declaration by filing Form CS 915 within 60 days.
  5. The father's name can be added to the birth certificate at any time. - If the form is signed after the birth certificate has already been issued, a fee will be required to amend the record.
  6. Signing the form means you cannot challenge paternity later. - Parents can challenge the Declaration of Paternity in court within two years of the child's birth if they have valid grounds, such as fraud or mistaken identity.
  7. The form must be signed at the hospital. - While signing at the hospital is encouraged, it can also be completed at other authorized locations, including clinics, as long as the correct witnessing procedures are followed.
  8. Underage parents cannot sign the form. - If either parent is under 18, paternity will be established only after they both reach adulthood or emancipation. Legal consultation is advisable in such situations.
  9. The form guarantees parenting rights. - Signing the declaration establishes a legal relationship, but it does not automatically grant visitation or custody rights. Court proceedings may still be necessary to address those matters.
  10. Personal information is not protected. - The information on the Declaration of Paternity is confidential. However, it might be shared with other agencies for legal and administrative purposes, per privacy laws.

By knowing the facts versus misconceptions, parents can make informed decisions regarding paternity and its implications for their child.

Key takeaways

Filling out the CS 909 form, also known as the Declaration of Paternity, is an important step for unmarried parents. Here are ten key takeaways to consider:

  • Voluntary Signing: The Declaration of Paternity is entirely voluntary. Parents are encouraged to understand the form's implications before signing.
  • Purpose: This form legally establishes paternity when the mother and father are not married. It affirms the identity of the child’s father.
  • Benefits: Signing this form allows the father’s name to be added to the birth certificate, ensuring the child has a legal relationship with both parents.
  • Court Order Equivalence: A signed and filed Declaration of Paternity has the same legal weight as a court order establishing paternity.
  • Signatures Required: Both parents must complete and sign the form in front of a witness or notary, depending on where it is signed.
  • Impact on Rights: By signing, parents may relinquish certain legal rights, such as the opportunity for a court trial regarding paternity issues.
  • Amendment Fees: If the Declaration is signed after the birth certificate is issued, there may be a fee to amend it to include the father's name.
  • Rescission Process: If either parent changes their mind, they must file a Rescission Form (CS 915) within 60 days to cancel the Declaration.
  • Legal Age Considerations: If either parent is under eighteen, the Declaration will not take effect until both reach eighteen or are legally emancipated.
  • Privacy Notice: Personal information on this form is protected but may be shared with relevant agencies for identification and paternity establishment purposes.

Understanding these points can aid parents in making informed decisions regarding their child's paternity and rights.

Browse Other Templates

Closing Disclosure Timing - Emergency decisions can be made swiftly due to this pre-authorization by parents or guardians.

Vbs Full Form - Provide the child's age to assist with group assignments.

Fax Cover Sheet - This form outlines important confidentiality notices.