Legal Aid Society handles cases involving basic and immediate family needs, such as:
Visitation with child
Protection from violence
Money to support self or child
Divorce
1111Click on any of the links below to find out more information about these topics.
What you’ll need to do next
1. Call (408) 998-5200 for your intake interview.
2. Bring document showing income is $10.00 an hour or less. For example,
22Cal Works, SSI benefits, Food Stamps, W-2 Forms, Tax Returns.
3. Bring the address of the other party.
1. Complete a Complaint to Establish Parental Relationship. Check the box requesting a blood test to verify percentage.
2.
 Request a blood test on all pleadings and at all hearings.
3. Follow the Establishing Paternity Procedures in filing your papers.
NOTE: Forms are available at Rose Printing or the Family Law Clinic at 190 Park Center Plaza, San Jose, California.
Advertisement and Waiver of Rights regarding Establishing of Parental Relationship.
Affidavit in Support of Establishing Paternity.
Declaration for Default or Uncontested Judgement (Uniform Parentage)
Judgment (Uniform Parentage)
Notice and Entry of Judgment (Uniform Parentage)
Notice of Motion (Uniform Parentage)
Petition and Establish Parental Relationship (Uniform Parentage)
Proof of Service (Family Law DVPA-Uniform Parentage)
Request for Hearing and Application to set aside voluntary declaration of Paternity.
Request to Enter Default (Family law or Uniform Parentage)
Response to Petition to Establish Parental Relationship (Uniform Parentage)
Responsive Declaration to Set Aside Voluntary Declaration of Paternity
Stipulation for entry of Judgment re: Establishing of Parental Relationship
NOTE: These procedures are for people who want to represent themselves in a paternity case. We have staff attorneys who can also represent qualified Santa Clara County residents in Paternity cases.
1. Complete the forms, including the complaint to Establish Parental Relationship
2. Make three copies of each form.
3. Take the original set and three copies of the forms to Family Court at 190 Park Center Plaza at the corner of Park Avenue and Almaden Blvd., San Jose, California 95113. See the map on this packet. The Clerk’s Office is open weekdays from 9:00 a.m. to 4:00 p.m.
4. When you get to the Court, go to the “Document Examiner” located on the lower level, outside of Room 103. The Document Examiner will arrange to have the judge review and sign your application for Fee Waiver (IFP) if needed. Once the judge signs the IFP, take all forms to the Court Clerk (Room 103) to file the forms.
5. The Clerk may either file the papers as you wait or ask you to leave the papers there and come back. If you are asked to leave the papers with the court, keep one copy of the papers with you in case the others are lost or misplaced by the Clerk.
6. After the papers are filed, arrange them into three stacks and label them: 9#1) YOUR COPIES, (#2) OTHER PARENT’S COPY, and (#3) LEGAL Aid SOCIETY’S COPY to keep on file. There should be one copy of each form in each stack EXCEPT the Fee Waiver Applications (IFP’s) are only for YOU and LEGAL AID SOCIETY. Do not include this form in the other parent’s stack.
-Add the blank ANSWER to the stack #2 for the OTHER PARENT.
-Keep the Original Summons separate for Step 8 below.
7. Arrange for the other parent to be served with his/her copy of the papers (Stack #2). The papers must be served personally by anyone over the age of 18, other than yourself. A friend, relative, or process server may serve the papers. This is usually done by handling the papers to the other parent.
8. The person who serves the papers for you should immediately fill out the “Proof of Service” on the back of the Original Summons. Make three copies and file the original with the court as you did before. Once filed, deliver the copy of the filed Summons and Proof of Service to Legal Aid Society to keep on file.
9. 9. Once you have completed these steps, call Legal Aid Society at (408) 283-1535, Ext. 222 for a follow-up appointment to discuss the next phase of the process and to help you prepare the necessary forms.