Title FAM — California Fam. Code

(a) An order and judgment of the court declaring a child free from the custody and control of a parent or parents under this part is conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citations by publication or…

(a) Upon appeal from a judgment freeing a child who is a dependent child of the juvenile court from parental custody and control, the appellate court shall appoint counsel for the appellant as provided by this section. (b) Upon motion by the appellant and a finding that the appel…

(a) In addition to the contents required by Section 412.20 of the Code of Civil Procedure, the summons shall contain a temporary restraining order: (1) Restraining both parties from removing the minor child or children of the parties, if any, from the state, or from applying for …

Nothing in Section 2040 adversely affects the rights, title, and interest of a purchaser for value, encumbrancer for value, or lessee for value who is without actual knowledge of the restraining order.

During the pendency of the proceeding, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may issue ex parte any of the following orders: (a) An order restraining any person from transferring, encumbering, hypothecati…

(a) After notice and a hearing, the court may issue a protective order, as defined in Section 6218, and any other restraining order as provided in Article 2 (commencing with Section 6340) of Chapter 2 of Part 4 of Division 10. (b) The court may not issue a mutual protective order…

A judgment may include a protective order, as defined in Section 6218, and any other restraining order as provided in Article 3 (commencing with Section 6360) of Chapter 2 of Part 4 of Division 10.

(a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be adjudicated as a parent or donor under Section 7613, an adoption agency to whom the child has been relinquished, or a pro…

Regardless of its terms, an agreement between an alleged father or a presumed parent and the other parent or child does not bar an action under this chapter.

An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child.

(a) The local child support agency may, in the local child support agency’s discretion, bring an action under this chapter in any case in which the local child support agency believes it to be appropriate. (b) The Department of Child Support Services may review the current practi…

(a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not …

In any action brought pursuant to this article, if the alleged father is present in court for the action, the court shall inform the alleged father of the alleged father’s right to have genetic testing performed to determine the biological parentage of the child. The court shall …

The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1…

The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation privileges with the child, the furnishing of bond or other security for the paymen…

The procedure in an action under this part to change the name of a minor or adult child for whom a parent and child relationship is established pursuant to Section 7636, upon application in accordance with Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Proc…

If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued as prescribed in Article 2 (commencing with Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health and Safety Code.

The court may order reasonable fees of counsel, experts, and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including genetic testing, to be paid by the parties, excluding any governmental entity, in proportions and at times determined by t…

(a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the parent may be enforced in the same or other proceedings by any of the following: (1) The…

The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be modified or set aside in the same manner and under the same conditions as an order of adoption may be modified or set asi…

(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers…

(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1, 2023, under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960), may be held in closed …

(a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2. (b) Except as provided in Se…

For purposes of this article, the following definitions shall apply: (a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law…

(a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of…

(a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met: (1) The motion is filed in a court of proper venue. (2) The motion contains, at a minimum, all of the following information, if known: (A) The …

A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article.

Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assis…

The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors: (a) The age of the child. (b) The length of time since the entry o…

If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts.

(a) This section applies only to cases where support enforcement services are being provided by a local child support agency pursuant to Section 17400. (b) Upon receipt of any motion brought pursuant to Section 7646, the local child support agency may issue an administrative orde…

A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances: (a) The judgment was made or entered by a tribunal of another state, even if the enforcement of that judgment is sought in…

Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall vacate any order for child support and arrearages issued on the basis of that previous judgment of paternity. The previou…

This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child.

This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted reproduction pursuant to Section 7613 or a child conceived pursuant to a surrogacy agreement.

This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.

Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension fund, or any other person or entity that was made in good faith reliance on a judgment establishing paternity that is final f…

(a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply. (b) A woman is presumed to be the natural mo…

(a) Upon written application by a party, the clerk shall enter an order joining as a party to the proceeding any employee benefit plan in which either party to the proceeding claims an interest that is or may be subject to disposition by the court. (b) An order or judgment in the…

Upon entry of the order under Section 2060, the party requesting joinder shall file an appropriate pleading setting forth the party’s claim against the plan and the nature of the relief sought. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) The party requesting joinder shall serve all of the following upon the employee benefit plan: (1) A copy of the pleading on joinder. (2) A copy of the request for joinder and order of joinder. (3) A copy of the summons (joinder). (4) A blank copy of a notice of appearance in …

(a) The employee benefit plan shall file and serve a copy of a notice of appearance upon the party requesting joinder within 30 days of the date of the service upon the plan of a copy of the joinder request and summons. (b) The employee benefit plan may, but need not, file an app…

Notwithstanding any contrary provision of law, the employee benefit plan is not required to pay any fee to the clerk of the court as a condition to filing the notice of appearance or any subsequent paper in the proceeding.

If the employee benefit plan has been served and no notice of appearance, notice of motion to quash service of summons pursuant to Section 418.10 of the Code of Civil Procedure, or notice of the filing of a petition for writ of mandate as provided in that section, has been filed …

(a) This article governs a proceeding in which an employee benefit plan has been joined as a party. (b) To the extent not in conflict with this article and except as otherwise provided by rules adopted by the Judicial Council pursuant to Section 211, all provisions of law applica…

Either party or their representatives may notify the employee benefit plan of any proposed property settlement as it concerns the plan before any hearing at which the proposed property settlement will be a matter before the court. If so notified, the plan may stipulate to the pro…

The employee benefit plan is not required to, but may, appear at any hearing in the proceeding. For purposes of the Code of Civil Procedure, the plan shall be considered a party appearing at the trial with respect to any hearing at which the interest of the parties in the plan is…

(a) Subject to subdivisions (b) and (c), the provisions of an order entered by stipulation of the parties or entered at or as a result of a hearing not attended by the employee benefit plan (whether or not the plan received notice of the hearing) which affect the plan or which af…

(a) At any hearing on a motion to set aside or modify an order pursuant to Section 2073, any party may present further evidence on any issue relating to the rights of the parties under the employee benefit plan or the extent of the parties’ community or quasi-community property i…

Unless the provision or context otherwise requires, as used in this chapter, “support order” means a child, family, or spousal support order.