Title FAM — California Fam. Code

In lieu of depositing cash or other assets as provided in Section 4614, the obligor-parent may, if approved by the court, provide a performance bond secured by real property or other assets of the obligor-parent and equal in value to one year of payments. (Enacted by Stats. 1992,…

Upon deposit of an asset which is not readily convertible into money, the court may, after a hearing, order the sale of that asset and the deposit of the proceeds with the deposit holder. Not less than 20 days written notice of the hearing shall be served on the obligor-parent. (…

(a) If the asset ordered to be deposited is real property, the order shall be certified as an abstract of judgment in accordance with Section 674 of the Code of Civil Procedure. (b) A deposit of real property is made effective by recordation of the certified abstract with the cou…

(a) During the pendency of a proceeding under this chapter, upon the application of either party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbe…

(a) Upon an obligor-parent’s failure, within the time specified by the court, to make reasonable efforts to cure the default in child support payments or to comply with a court-approved payment plan, if payments continue in arrears, the deposit holder shall, not less than 25 days…

(a) An obligor-parent may file a motion to stop the use of the money or the sale of the asset under this article within 15 days after service of notice on the obligor-parent pursuant to Section 4630. (b) The clerk of the court shall set the motion for hearing not less than 20 day…

An obligor-parent alleged to be in arrears under this article may use any ground set forth in Section 4612 as a basis for filing a motion under Section 4631 to stop a sale or use of assets under this article. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

The deposit holder shall return all assets subject to court order under Article 2 (commencing with Section 4610) to the obligor-parent when both of the following occur: (a) One year has elapsed since the court issued the order described under Article 2 (commencing with Section 46…

If the deposited asset is real property and the requirements of Section 4640 have been satisfied, the deposit holder shall do all of the following: (a) Prepare a release in accordance with Section 697.370 of the Code of Civil Procedure. (b) Request the clerk of the court where th…

It is the intent of the Legislature that proceedings under this part be as simple and inexpensive as possible. To that end, the Judicial Council is requested to prepare and distribute to the clerks of the superior courts appropriate forms for the proceedings that are suitable for…

The issuance of a declaration of emancipation does not entitle the minor to any benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code which would not otherwise accrue to an emancipated minor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Oper…

(a) A minor may petition the superior court of the county in which the minor resides or is temporarily domiciled for a declaration of emancipation. (b) The petition shall set forth with specificity all of the following facts: (1) The minor is at least 14 years of age. (2) The min…

(a) Before the petition for a declaration of emancipation is heard, notice the court determines is reasonable shall be given to the minor’s parents, guardian, or other person entitled to the custody of the minor, or proof shall be made to the court that their addresses are unknow…

(a) The court shall sustain the petition if it finds that the minor is a person described by Section 7120 and that emancipation would not be contrary to the minor’s best interest. (b) If the petition is sustained, the court shall forthwith issue a declaration of emancipation, whi…

(a) If the petition is denied, the minor has a right to file a petition for a writ of mandate. (b) If the petition is sustained, the parents or guardian have a right to file a petition for a writ of mandate if they have appeared in the proceeding and opposed the granting of the p…

(a) A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. (b) A declaration of emancipation of a minor who is indigent and has no means of support is subject to rescission. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative J…

A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person or by any public or private agency. The petition shall be filed in the court that made the declaratio…

(a) A petition to rescind a declaration of emancipation on the ground that the minor is indigent and has no means of support may be filed by the minor declared emancipated, by the minor’s conservator, or by the district attorney of the county in which the minor resides. The petit…

(a) Before a petition under this article is heard, notice the court determines is reasonable shall be given to the minor’s parents or guardian, or proof shall be made to the court that their addresses are unknown or that for other reasons the notice cannot be given. (b) The notic…

If the petition is sustained, the court shall forthwith issue an order voiding or rescinding the declaration of emancipation, which shall be filed by the clerk of the court.

Voiding or rescission of the declaration of emancipation does not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

On application of a minor declared emancipated under this chapter, the Department of Motor Vehicles shall enter identifying information in its law enforcement computer network, and the fact of emancipation shall be stated on the department’s identification card issued to the eman…

A person who, in good faith, has examined a minor’s identification card and relies on a minor’s representation that the minor is emancipated, has the same rights and obligations as if the minor were in fact emancipated at the time of the representation. (Enacted by Stats. 1992, C…

No public entity or employee is liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in the Department of Motor Vehicles records system or identification cards as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec…

If a declaration of emancipation is voided or rescinded, notice shall be sent immediately to the Department of Motor Vehicles which shall remove the information relating to emancipation in its law enforcement computer network. Any identification card issued stating emancipation s…

(a) A petition may be filed under this part for an order or judgment declaring a child free from the custody and control of either or both parents by any of the following: (1) The State Department of Social Services, a county welfare department, a licensed private or public adopt…

(a) An interested person may file a petition under this part for an order or judgment declaring a child free from the custody and control of either or both parents. (b) For purposes of this section, an “interested person” is one who has a direct interest in the action, and includ…

A single petition may be filed under this part to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. A petition filed in accordance with this section may be granted in whole or in part in accordance with the…

The petition shall be filed in any of the following: (a) The county in which a minor described in Chapter 2 (commencing with Section 7820) resides or is found. (b) The county in which any of the acts which are set forth in Chapter 2 (commencing with Section 7820) are alleged to h…

Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist,…

(a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a rec…

The petitioner shall be liable for all reasonable costs incurred in connection with the termination of parental rights, including, but not limited to, costs incurred for the investigation required by this article. However, public agencies and nonprofit organizations are exempt fr…

“Qualified court investigator,” as used in this article, has the meaning provided by Section 8543.

At the beginning of the proceeding on a petition filed pursuant to this part, counsel shall be appointed as provided in this article. The public defender or private counsel may be appointed as counsel pursuant to this article. The same counsel shall not be appointed to represent …

The court shall consider whether the interests of the child require the appointment of counsel. If the court finds that the interests of the child require representation by counsel, the court shall appoint counsel to represent the child, whether or not the child is able to afford…

If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless that representation is knowingly and intelligently waived. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Private counsel appointed under this article shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount so determined shall be paid by the real parties in interest, other than the child, in proportions the court …

The court may continue the proceeding for not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) It is the public policy of this state that judicial proceedings to declare a child free from parental custody and control shall be fully determined as expeditiously as possible. (b) Notwithstanding any other provision of law, a proceeding to declare a child free from parental…

(a) A continuance may be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. (b) Unless the court for good cause entertains an oral motion for continuance, written notice of a motion…

(a) Upon the filing of the petition, a citation shall issue requiring any person having the custody or control of the child, or the person with whom the child is, to appear at a time and place stated in the citation. (b) The citation shall also require the person to appear with t…

(a) Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the cita…

(a) If the parent of the child or a person alleged to be or claiming to be the parent cannot, with reasonable diligence, be served as provided for in Section 7881, or if the parent’s place of residence is not known to the petitioner, the petitioner or the petitioner’s agent or at…

If a person personally served with a citation within this state as provided in Section 7880 fails without reasonable cause to appear and abide by the order of the court, or to bring the child before the court if so required in the citation, the failure constitutes a contempt of c…

(a) Unless requested by the child concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a proceeding under this part. (b) Notwithstanding subdivision (a), the judge may admit those persons the judge determines have a d…

In a proceeding under this part, the court shall consider the wishes of the child, bearing in mind the age of the child, and shall act in the best interest of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) Except as otherwise provided in this section, if the child who is the subject of the petition is 10 years of age or older, the child shall be heard by the court in chambers on at least the following matters: (1) The feelings and thoughts of the child concerning the custody pr…

(a) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist: (1) The court determines that testi…

The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply: (a) The court finds, supported by clear and convincing evidence, that active efforts were made in accordance with Section 361.7 of the Welfare and Institu…

(a) If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions: (1) Appoint a guardian for…