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California Family Code Section 7825

Legal Research Home > California Laws > Family Code > California Family Code Section 7825

7825.  (a) A proceeding under this part may be brought where both of
the following requirements are satisfied:
   (1) The child is one whose parent or parents are convicted of a
felony.
   (2) The facts of the crime of which the parent or parents were
convicted are of such a nature so as to prove the unfitness of the
parent or parents to have the future custody and control of the
child. In making a determination pursuant to this section, the court
may consider the parent's criminal record prior to the felony
conviction to the extent that the criminal record demonstrates a
pattern of behavior substantially related to the welfare of the child
or the parent's ability to exercise custody and control regarding
his or her child.
   (b) The mother of a child may bring a proceeding under this part
against the father of the child, where the child was conceived as a
result of an act in violation of Section 261 of the Penal Code, and
where the father was convicted of that violation. For purposes of
this subdivision, there is a conclusive presumption that the father
is unfit to have custody or control of the child.

Last modified: February 22, 2013