Can I get CalWORKs for my baby if father is incarcerated and didn't sign birth certificate?
I'm in a tough spot and hoping someone can help with CalWORKs questions. I just had my baby in May, but her father has been incarcerated for the past couple months so he wasn't able to sign the birth certificate. I got paperwork from social services asking if he has a paternity declaration, and honestly I'm confused about how to answer. Will this affect whether I can get CalWORKs cash aid for my daughter? Do I need to somehow get him to establish paternity while he's locked up? I really need the assistance since I'm doing this all on my own right now. Has anyone dealt with something similar?
18 comments

Ethan Anderson
Yes, you can absolutely still get CalWORKs for your baby even if the father hasn't signed the birth certificate! When the father isn't listed on the birth certificate, CalWORKs will typically require you to cooperate with child support services as a condition of receiving benefits. This is called the 'child support cooperation requirement.' However, since he's incarcerated, you may qualify for a 'good cause' exemption from this requirement. When you fill out that form, indicate that paternity hasn't been established and explain that the father is currently incarcerated. They'll likely have you work with DCSS (Department of Child Support Services), but benefits can still be approved while this process is happening.
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Ava Kim
AuthorOmg thank you so much! I was worried they would deny us completely. Do you know if I need to provide proof that he's incarcerated? And how long does the application usually take to go through once I explain this situation?
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Layla Mendes
my situation wasnt exactly the same but similar, my babys dad wasnt on the birth cert either (he was out of state) and i still got calworks no problem. they did make me fill out some extra forms for child support stuff but my benefits started before all that was done anyway. the worker just said i had to "cooperate" with child support which basically meant answering their questions
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Lucas Notre-Dame
Same here!! It's more important to get the application in ASAP than to worry about the paternity stuff. They just want to see you're willing to establish paternity eventually so they can possibly get child support later.
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Aria Park
They gonna make u cooperate with child support unless u can prove it would cause harm to u or your baby!!! I went thru this last year and it was a NIGHTMARE. They kept saying I wasnt cooperating even tho I gave all the info I had. Be prepared for DCSS to keep sending u letters and possibly delay ur benefits if they think ur not cooperating enough. The whole system is designed to make it hard!!!
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Noah Ali
This isn't entirely accurate. While child support cooperation is generally required, having an incarcerated father creates a different situation. OP, make sure you talk directly with your eligibility worker about this specific circumstance. You'll likely need to complete a CW 51 form (Good Cause Claim for Noncooperation) explaining that the father is incarcerated and unable to establish paternity at this time. This should prevent the kinds of issues the previous commenter experienced.
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Chloe Boulanger
In my experience trying to reach someone at the county office about paternity issues was impossible - would call and be on hold for 2+ hours only to get disconnected! I finally used a service called Claimyr (claimyr.com) that held my place in line and had a CalWORKs worker call ME back. They have a video demo at https://youtu.be/jzISHxCPLwE showing how it works. Saved me so much stress when dealing with my child support cooperation issues. The worker actually explained all my options regarding the father not being available to sign documents.
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Ava Kim
AuthorThat sounds helpful, I'll check it out. I've already tried calling twice and couldn't get through. Did they help you figure out what forms to fill out for your situation?
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James Martinez
ur supposed to list him as the father on calworks app even if birth certificate isnt signed. they can still establish paternity later. dont hide that u know who the father is or they can claim fraud later. just be honest that hes locked up right now. my friend got in trouble cuz she said she didnt know who the dad was but they found out later she did
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Ava Kim
AuthorI definitely wasn't planning to hide anything! I know who he is, he just couldn't sign since he's been locked up. I'll make sure to list all his information on the application.
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Noah Ali
To give you a specific answer about your situation: You need to complete the following on your CalWORKs application: 1. List the father's information, including his full name and that he's currently incarcerated 2. When asked about paternity declaration, mark that it has not been established 3. Request a CW 51 form (Good Cause Claim for Noncooperation) if not provided 4. Provide information about which facility he's in if possible Your child is eligible for CalWORKs regardless of the paternity status. The paternity question is about child support enforcement, not eligibility. You may be required to work with DCSS later to establish paternity once he's released, but this should not delay your benefits if you provide all the information you have now.
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Ava Kim
AuthorThank you SO much for this detailed info! This is exactly what I needed to know. I have my interview next week so I'll make sure to have all this ready and ask for that CW 51 form.
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Lucas Notre-Dame
i think they just have to ask all those questions for their records but it wont stop u from getting benefits for ur baby, my cousin got calworks for all 3 of her kids and none of the dads signed birth certificates
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Layla Mendes
btw make sure u ask about the$50 diaper/wipes stipend that they started giving last year for babies under 3 on calworks! my worker never mentioned it and i found out by accident 6 months later that i couldve been getting that extra money the whole time!!
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Ava Kim
AuthorOh wow I had no idea about this! That would be super helpful. Will definitely ask about it during my interview. Thanks for the tip!
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Ethan Anderson
One last thing - make sure to apply for CalFresh as well if you haven't already. With a newborn, you'll likely qualify for both programs, and the income limits are different. Also look into applying for WIC (Women, Infants & Children) which can provide formula or breastfeeding support, food benefits, and other resources for you and your baby. These programs can all work together to provide more support during this difficult time.
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Ava Kim
AuthorI've been on WIC since I was pregnant and I did check the box for CalFresh on my application too. Trying to get all the help we can get right now. Thank you all for the advice - feeling much more confident about my interview now!
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Ryan Vasquez
Just wanted to add that you might also want to ask about emergency aid if you're in immediate need while waiting for your regular benefits to start. Some counties offer expedited processing for families with newborns, especially if you can show you have little to no income right now. Also, if you're having trouble with childcare while dealing with all these appointments and paperwork, ask your worker about CalWORKs childcare assistance - they can help cover costs for daycare or babysitting while you're attending required meetings or looking for work later on. Good luck with your interview, sounds like you're getting great advice here!
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