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  • California Family Code Section 1
    This code shall be known as the Family Code.
  • California Family Code Section 2
    A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be...
  • California Family Code Section 3
    A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate...
  • California Family Code Section 4
    (a) As used in this section: (1) "New law" means either of the following, as the case may be: (A) The act that enacted this...
  • California Family Code Section 5
    Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.
  • California Family Code Section 6
    Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
  • California Family Code Section 7
    Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of...
  • California Family Code Section 8
    Unless otherwise expressly stated: (a) "Division" means a division of this code. (b) "Part" means a part of the division in which that term occurs....
  • California Family Code Section 9
    The present tense includes the past and future tenses, and the future, the present.
  • California Family Code Section 10
    The singular number includes the plural, and the plural, the singular.
  • California Family Code Section 11
    A reference to "husband" and "wife," "spouses," or "married persons," or a comparable term, includes persons who are lawfully married to each other and persons...
  • California Family Code Section 12
    "Shall" is mandatory and "may" is permissive. "Shall not" and "may not" are prohibitory.
  • California Family Code Section 13
    If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other...
  • California Family Code Section 50
    Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
  • California Family Code Section 58
    "Child for whom support may be ordered" means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
  • California Family Code Section 63
    "Community estate" includes both community property and quasi-community property.
  • California Family Code Section 65
    "Community property" is property that is community property under Part 2 (commencing with Section 760) of Division 4.
  • California Family Code Section 67
    "County" includes city and county.
  • California Family Code Section 80
    "Employee benefit plan" includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred...
  • California Family Code Section 92
    "Family support" means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to...
  • California Family Code Section 95
    "Income and expense declaration" means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
  • California Family Code Section 100
    "Judgment" and "order" include a decree, as appropriate under the circumstances.
  • California Family Code Section 105
    "Person" includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
  • California Family Code Section 110
    "Proceeding" includes an action.
  • California Family Code Section 113
    "Property" includes real and personal property and any interest therein.
  • California Family Code Section 115
    "Property declaration" means the form for a property declaration in family law matters adopted by the Judicial Council.
  • California Family Code Section 125
    "Quasi-community property" means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following...
  • California Family Code Section 126
    "Petitioner" includes plaintiff, where appropriate.
  • California Family Code Section 127
    "Respondent" includes defendant, where appropriate.
  • California Family Code Section 130
    "Separate property" is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
  • California Family Code Section 142
    "Spousal support" means support of the spouse of the obligor.
  • California Family Code Section 145
    "State" means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the...
  • California Family Code Section 150
    "Support" refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also...
  • California Family Code Section 155
    "Support order" means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission,...
  • California Family Code Section 170
    (a) As used in this code, unless the context otherwise requires, the terms "Indian," "Indian child," "Indian child's tribe," "Indian custodian," "Indian organization," "Indian tribe,"...
  • California Family Code Section 175
    (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized...
  • California Family Code Section 177
    (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare...
  • California Family Code Section 180
    (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be...
  • California Family Code Section 185
    (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section...
  • California Family Code Section 200
    The superior court has jurisdiction in proceedings under this code.
  • California Family Code Section 210
    Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable...
  • California Family Code Section 211
    Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
  • California Family Code Section 212
    A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.
  • California Family Code Section 213
    (a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for...
  • California Family Code Section 214
    Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and...
  • California Family Code Section 215
    (a) Except as provided in subdivision (b), after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or...
  • California Family Code Section 216
    (a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any...
  • California Family Code Section 217
    (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties...
  • California Family Code Section 231
    This part applies to a temporary restraining order in a summons issued under any of the following provisions: (a) Section 2040 (proceeding for dissolution of...
  • California Family Code Section 232
    The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has...
  • California Family Code Section 233
    (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver...
  • California Family Code Section 234
    The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of...
  • California Family Code Section 235
    Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this...
  • California Family Code Section 240
    This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions:...
  • California Family Code Section 241
    Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from...
  • California Family Code Section 242
    (a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary order is granted or denied,...
  • California Family Code Section 243
    (a) When the matter first comes up for hearing, the petitioner must be ready to proceed. (b) If a petition under this part has been...
  • California Family Code Section 244
    (a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except...
  • California Family Code Section 245
    (a) The court may, upon the filing of a declaration by the petitioner that the respondent could not be served within the time required by...
  • California Family Code Section 246
    A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the...
  • California Family Code Section 270
    If a court orders a party to pay attorney's fees or costs under this code, the court shall first determine that the party has or...
  • California Family Code Section 271
    (a) Notwithstanding any other provision of this code, the court may base an award of attorney's fees and costs on the extent to which the...
  • California Family Code Section 272
    (a) Where the court orders one of the parties to pay attorney' s fees and costs for the benefit of the other party, the fees...
  • California Family Code Section 273
    Notwithstanding any other provision of this code, the court shall not award attorney's fees against any governmental agency involved in a family law matter or...
  • California Family Code Section 274
    (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall...
  • California Family Code Section 290
    A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or...
  • California Family Code Section 291
    (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child,...
  • California Family Code Section 292
    (a) The Judicial Council shall modify the title of its existing form, "Order to Show Cause and Declaration for Contempt (Family Law)," to "Order to...
  • California Family Code Section 295
    (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of...
  • California Family Code Section 297
    (a) Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. (b) A...
  • California Family Code Section 297.1
    (a) A person under 18 years of age who, together with the person with whom he or she proposes to establish a domestic partnership, otherwise...
  • California Family Code Section 297.5
    (a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law,...
  • California Family Code Section 298
    (a) (1) The Secretary of State shall prepare forms entitled "Declaration of Domestic Partnership" and "Notice of Termination of Domestic Partnership" to meet the requirements...
  • California Family Code Section 298.5
    (a) Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State. (b) The Secretary...
  • California Family Code Section 298.6
    (a) Parties to a registered domestic partnership shall not be required to have the same name. Neither party shall be required to change his or...
  • California Family Code Section 298.7
    The Secretary of State shall establish a process by which two persons, who have been living together as domestic partners and who meet the requirements...
  • California Family Code Section 299
    (a) A registered domestic partnership may be terminated without filing a proceeding for dissolution of domestic partnership by the filing of a Notice of Termination...
  • California Family Code Section 299.2
    A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially...
  • California Family Code Section 299.3
    (a) On or before June 30, 2004, and again on or before December 1, 2004, and again on or before January 31, 2005, the Secretary...
  • California Family Code Section 299.6
    (a) Any local ordinance or law that provides for the creation of a "domestic partnership" shall be preempted on and after July 1, 2000, except...
  • California Family Code Section 300
    (a) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties...
  • California Family Code Section 301
    An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not...
  • California Family Code Section 302
    (a) An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage upon obtaining a court order...
  • California Family Code Section 303
    If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that...
  • California Family Code Section 304
    As part of the court order granting permission to marry under Section 302 or 303, the court shall require the parties to the prospective marriage...
  • California Family Code Section 305
    Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.
  • California Family Code Section 306
    Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county...
  • California Family Code Section 306.5
    (a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change his or her name....
  • California Family Code Section 307
    This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not...
  • California Family Code Section 308
    (a) A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid...
  • California Family Code Section 308.5
    Only marriage between a man and a woman is valid or recognized in California.
  • California Family Code Section 309
    If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by...
  • California Family Code Section 310
    Marriage is dissolved only by one of the following: (a) The death of one of the parties. (b) A judgment of dissolution of marriage. (c)...
  • California Family Code Section 350
    (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk....
  • California Family Code Section 351
    The marriage license shall show all of the following: (a) The identity of the parties to the marriage. (b) The parties' full given names at...
  • California Family Code Section 351.5
    Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, if either of the applicants...
  • California Family Code Section 351.6
    Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address...
  • California Family Code Section 352
    No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time...
  • California Family Code Section 354
    (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date...
  • California Family Code Section 355
    (a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the...
  • California Family Code Section 356
    A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the...
  • California Family Code Section 357
    (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of...
  • California Family Code Section 358
    (a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following: (1) Information concerning the possibilities of genetic...
  • California Family Code Section 359
    (a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain...
  • California Family Code Section 360
    (a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed...
  • California Family Code Section 400
    Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by any of the...
  • California Family Code Section 400.1
    In addition to the persons specified in Section 400, marriage may also be solemnized by a county supervisor or a mayor of a city elected...
  • California Family Code Section 401
    (a) For each county, the county clerk is designated as a commissioner of civil marriages. (b) The commissioner of civil marriages may appoint deputy commissioners...
  • California Family Code Section 402
    In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of...
  • California Family Code Section 420
    (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence...
  • California Family Code Section 421
    Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license. If the person solemnizing the marriage has reason...
  • California Family Code Section 422
    The person solemnizing a marriage shall, sign and print or type upon the marriage license a statement, in the form prescribed by the State Department...
  • California Family Code Section 423
    The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which...
  • California Family Code Section 425
    If no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may...
  • California Family Code Section 426
    If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person...
  • California Family Code Section 500
    When an unmarried man and an unmarried woman, not minors, have been living together as husband and wife, they may be married pursuant to this...
  • California Family Code Section 500.5
    For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county clerk, at...
  • California Family Code Section 501
    Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk upon the personal appearance together of the parties...
  • California Family Code Section 502
    If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person...
  • California Family Code Section 503
    The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage...
  • California Family Code Section 504
    A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk and may only be used...
  • California Family Code Section 505
    (a) The form of the confidential marriage license shall be prescribed by the State Registrar of Vital Statistics. (b) The form shall be designed to...
  • California Family Code Section 506
    (a) The confidential marriage license shall be presented to the person solemnizing the marriage. (b) Upon performance of the ceremony, the solemnization section on the...
  • California Family Code Section 508
    Upon issuance of a confidential marriage license, parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from...
  • California Family Code Section 509
    (a) A party to a confidential marriage may obtain a certified copy of the confidential marriage certificate from the county clerk of the county in...
  • California Family Code Section 510
    (a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county...
  • California Family Code Section 511
    (a) Except as provided in subdivision (b), the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall...
  • California Family Code Section 530
    (a) No notary public shall issue a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to...
  • California Family Code Section 531
    (a) An application for approval to authorize confidential marriages pursuant to this part shall be submitted to the county clerk in the county in which...
  • California Family Code Section 532
    No approval, or renewal of the approval, shall be granted pursuant to this chapter unless the notary public shows evidence of successful completion of a...
  • California Family Code Section 533
    An approval to issue confidential marriage licenses pursuant to this chapter is valid for one year. The approval may be renewed for additional one-year periods...
  • California Family Code Section 534
    (a) The county clerk shall maintain a list of the notaries public who are approved to issue confidential marriage licenses. The list shall be available...
  • California Family Code Section 535
    (a) If, after an approval to issue confidential marriage licenses is granted pursuant to this chapter, it is discovered that the notary public has engaged...
  • California Family Code Section 536
    (a) The fee for an application for approval to authorize confidential marriages pursuant to this chapter is three hundred dollars ($300). (b) The fee for...
  • California Family Code Section 700
    For the purposes of this division, a leasehold interest in real property is real property, not personal property.
  • California Family Code Section 720
    Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
  • California Family Code Section 721
    (a) Subject to subdivision (b), either husband or wife may enter into any transaction with the other, or with any other person, respecting property, which...
  • California Family Code Section 750
    A husband and wife may hold property as joint tenants or tenants in common, or as community property, or as community property with a right...
  • California Family Code Section 751
    The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing, and equal interests.
  • California Family Code Section 752
    Except as otherwise provided by statute, neither husband nor wife has any interest in the separate property of the other.
  • California Family Code Section 753
    Notwithstanding Section 752 and except as provided in Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4 (commencing with...
  • California Family Code Section 754
    If notice of the pendency of a proceeding for dissolution of the marriage, for nullity of the marriage, or for legal separation of the parties...
  • California Family Code Section 755
    (a) The terms "participant," "beneficiary," "employer," "employee organization," "named fiduciary," "fiduciary," and "administrator," as used in subdivision (b), have the same meaning as provided in...
  • California Family Code Section 760
    Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this...
  • California Family Code Section 761
    (a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community property during the...
  • California Family Code Section 770
    (a) Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired...
  • California Family Code Section 771
    (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and...
  • California Family Code Section 772
    After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party...
  • California Family Code Section 780
    Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to...
  • California Family Code Section 781
    (a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or...
  • California Family Code Section 782
    (a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the...
  • California Family Code Section 782.5
    In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to...
  • California Family Code Section 783
    If a married person is injured by the negligent or wrongful act or omission of a person other than the married person's spouse, the fact...
  • California Family Code Section 802
    The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by...
  • California Family Code Section 803
    Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1,...
  • California Family Code Section 850
    Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following: (a) Transmute...
  • California Family Code Section 851
    A transmutation is subject to the laws governing fraudulent transfers.
  • California Family Code Section 852
    (a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented...
  • California Family Code Section 853
    (a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding...
  • California Family Code Section 900
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
  • California Family Code Section 902
    "Debt" means an obligation incurred by a married person before or during marriage, whether based on contract, tort, or otherwise.
  • California Family Code Section 903
    A debt is "incurred" at the following time: (a) In the case of a contract, at the time the contract is made. (b) In the...
  • California Family Code Section 910
    (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless...
  • California Family Code Section 911
    (a) The earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage. After the earnings...
  • California Family Code Section 912
    For the purposes of this part, quasi-community property is liable to the same extent, and shall be treated the same in all other respects, as...
  • California Family Code Section 913
    (a) The separate property of a married person is liable for a debt incurred by the person before or during marriage. (b) Except as otherwise...
  • California Family Code Section 914
    (a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person's spouse during marriage: (1) A debt incurred...
  • California Family Code Section 915
    (a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage...
  • California Family Code Section 916
    (a) Notwithstanding any other provision of this chapter, after division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500): (1) The...
  • California Family Code Section 920
    A right of reimbursement provided by this part is subject to the following provisions: (a) The right arises regardless of which spouse applies the property...
  • California Family Code Section 930
    Except as otherwise provided by statute, this part governs the liability of separate property and property in the community estate and the personal liability of...
  • California Family Code Section 931
    The provisions of this part that govern reimbursement apply to all debts, regardless of whether satisfied before, on, or after January 1, 1985.
  • California Family Code Section 1000
    (a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would...
  • California Family Code Section 1100
    (a) Except as provided in subdivisions (b), (c), and (d) and Sections 761 and 1103, either spouse has the management and control of the community...
  • California Family Code Section 1101
    (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's...
  • California Family Code Section 1102
    (a) Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to...
  • California Family Code Section 1103
    (a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property,...
  • California Family Code Section 1500
    The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.
  • California Family Code Section 1501
    A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.
  • California Family Code Section 1502
    (a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property...
  • California Family Code Section 1503
    Nothing in this chapter affects the validity or effect of premarital agreements made before January 1, 1986, and the validity and effect of those agreements...
  • California Family Code Section 1600
    This chapter may be cited as the Uniform Premarital Agreement Act.
  • California Family Code Section 1601
    This chapter is effective on and after January 1, 1986, and applies to any premarital agreement executed on or after that date.
  • California Family Code Section 1610
    As used in this chapter: (a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage....
  • California Family Code Section 1611
    A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
  • California Family Code Section 1612
    (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties...
  • California Family Code Section 1613
    A premarital agreement becomes effective upon marriage.
  • California Family Code Section 1614
    After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation...
  • California Family Code Section 1615
    (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not...
  • California Family Code Section 1616
    If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary...
  • California Family Code Section 1617
    Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties...
  • California Family Code Section 1620
    Except as otherwise provided by law, a husband and wife cannot, by a contract with each other, alter their legal relations, except as to property.
  • California Family Code Section 1800
    This part may be cited as the Family Conciliation Court Law.
  • California Family Code Section 1801
    The purposes of this part are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life...
  • California Family Code Section 1802
    (a) This part applies only in counties in which the superior court determines that the social conditions in the county and the number of domestic...
  • California Family Code Section 1810
    Each superior court shall exercise the jurisdiction conferred by this part. While sitting in the exercise of this jurisdiction, the court shall be known and...
  • California Family Code Section 1811
    The presiding judge of the superior court shall annually, in the month of January, designate at least one judge to hear all cases under this
  • California Family Code Section 1812
    (a) The judge of the family conciliation court may transfer any case before the family conciliation court pursuant to this part to the department of...
  • California Family Code Section 1813
    (a) The presiding judge of the superior court may appoint a judge of the superior court other than the judge of the family conciliation court...
  • California Family Code Section 1814
    (a) In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary...
  • California Family Code Section 1815
    (a) A person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have all of the following minimum qualifications:...
  • California Family Code Section 1816
    (a) For purposes of this section, the following definitions apply: (1) "Eligible provider" means the Administrative Office of the Courts or an educational institution, professional...
  • California Family Code Section 1817
    The probation officer in every county shall do all of the following: (a) Give assistance to the family conciliation court that the court may request...
  • California Family Code Section 1818
    (a) All superior court hearings or conferences in proceedings under this part shall be held in private and the court shall exclude all persons except...
  • California Family Code Section 1819
    (a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any...
  • California Family Code Section 1820
    (a) A court may contract with any other court or courts to provide joint family conciliation court services. (b) An agreement between two or more...
  • California Family Code Section 1830
    (a) When a controversy exists between spouses, or when a controversy relating to child custody or visitation exists between parents regardless of their marital status,...
  • California Family Code Section 1831
    Before the filing of a proceeding for determination of custody or visitation rights, for dissolution of marriage, for nullity of a voidable marriage, or for...
  • California Family Code Section 1832
    The petition shall be captioned substantially as follows: In the Superior Court of the State of California in and for the County of ____ Upon...
  • California Family Code Section 1833
    The petition shall: (a) Allege that a controversy exists between the spouses or parents and request the aid of the court to effect a reconciliation...
  • California Family Code Section 1834
    (a) The clerk of the court shall provide, at the expense of the court, blank forms for petitions for filing pursuant to this part. (b)...
  • California Family Code Section 1835
    No fee shall be charged by any officer for filing the petition.
  • California Family Code Section 1836
    (a) The court shall fix a reasonable time and place for hearing on the petition. The court shall cause notice to be given to the...
  • California Family Code Section 1837
    (a) Except as provided in subdivision (b), for the purpose of conducting hearings pursuant to this part, the family conciliation court may be convened at...
  • California Family Code Section 1838
    (a) The hearing shall be conducted informally as a conference or a series of conferences to effect a reconciliation of the spouses or an amicable...
  • California Family Code Section 1839
    (a) At or after the hearing, the court may make orders in respect to the conduct of the spouses or parents and the subject matter...
  • California Family Code Section 1840
    (a) During a period beginning upon the filing of the petition for conciliation and continuing until 30 days after the hearing of the petition for...
  • California Family Code Section 1841
    If a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties is filed, the case may be transferred...
  • California Family Code Section 1842
    (a) If an application is made to the family conciliation court for conciliation proceedings in respect to a controversy between spouses, or a contested proceeding...
  • California Family Code Section 1850
    The Judicial Council shall do all of the following: (a) Assist courts in implementing mediation and conciliation proceedings under this code. (b) Establish and implement...
  • California Family Code Section 1851
    The Judicial Council shall establish an advisory committee of persons representing a broad spectrum of interest in and knowledge about family law. The committee shall...
  • California Family Code Section 1852
    (a) There is in the State Treasury the Family Law Trust Fund. (b) Moneys collected by the state pursuant to subdivision (c) of Section 103625...
  • California Family Code Section 2000
    This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
  • California Family Code Section 2010
    In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has jurisdiction to inquire into...
  • California Family Code Section 2011
    When service of summons on a spouse is made pursuant to Section 415.50 of the Code of Civil Procedure, the court, without the aid of...
  • California Family Code Section 2012
    (a) During the time a motion pursuant to Section 418.10 of the Code of Civil Procedure is pending, the respondent may appear in opposition to...
  • California Family Code Section 2013
    (a) If a written agreement is entered into by the parties, the parties may utilize a collaborative law process to resolve any matter governed by...
  • California Family Code Section 2020
    A responsive pleading, if any, shall be filed and a copy served on the petitioner within 30 days of the date of the service on...
  • California Family Code Section 2021
    (a) Subject to subdivision (b), the court may order that a person who claims an interest in the proceeding be joined as a party to...
  • California Family Code Section 2022
    (a) Evidence collected by eavesdropping in violation of Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code is...
  • California Family Code Section 2023
    (a) On a determination that payment of an obligation of a party would benefit either party or a child for whom support may be ordered,...
  • California Family Code Section 2024
    (a) A petition for dissolution of marriage, nullity of marriage, or legal separation of the parties, or a joint petition for summary dissolution of marriage,...
  • California Family Code Section 2024.5
    (a) Except as provided in subdivision (b), the petitioner or respondent may redact any social security number from any pleading, attachment, document, or other written...
  • California Family Code Section 2024.6
    (a) Upon request by a party to a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall order a pleading...
  • California Family Code Section 2024.7
    On and after January 1, 2014, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall...
  • California Family Code Section 2025
    Notwithstanding any other provision of law, if the court has ordered an issue or issues bifurcated for separate trial or hearing in advance of the...
  • California Family Code Section 2026
    The reconciliation of the parties, whether conditional or unconditional, is an ameliorating factor to be considered by the court in considering a contempt of an...
  • California Family Code Section 2030
    (a) (1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry...
  • California Family Code Section 2031
    (a) (1) Except as provided in subdivision (b), during the pendency of a proceeding for dissolution of marriage, for nullity of marriage, for legal separation...
  • California Family Code Section 2032
    (a) The court may make an award of attorney's fees and costs under Section 2030 or 2031 where the making of the award, and the...
  • California Family Code Section 2033
    (a) Either party may encumber his or her interest in community real property to pay reasonable attorney's fees in order to retain or maintain legal...
  • California Family Code Section 2034
    (a) On application of either party, the court may deny the family law attorney's real property lien described in Section 2033 based on a finding...
  • California Family Code Section 2040
    (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)...
  • California Family Code Section 2041
    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...
  • California Family Code Section 2045
    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,...
  • California Family Code Section 2047
    (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...
  • California Family Code Section 2049
    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...
  • California Family Code Section 2050
    Upon filing of the petition, or at any time during the proceeding, a party may transmit to, or the court may order transmittal to, a...
  • California Family Code Section 2051
    Upon the entry of an order or judgment in the proceeding requiring a party to maintain existing health, life, or disability insurance coverage for a...
  • California Family Code Section 2052
    Notice pursuant to this chapter may be sent by first-class mail, postage prepaid, to the last known address of the covered dependents, named beneficiaries, or...
  • California Family Code Section 2053
    The insured or policyholder who is a party to the proceeding shall furnish to the other party the name, title, and address of the insurer...
  • California Family Code Section 2060
    (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...
  • California Family Code Section 2061
    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...
  • California Family Code Section 2062
    (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)...
  • California Family Code Section 2063
    (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...
  • California Family Code Section 2064
    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...
  • California Family Code Section 2065
    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...
  • California Family Code Section 2070
    (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...
  • California Family Code Section 2071
    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...
  • California Family Code Section 2072
    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,...
  • California Family Code Section 2073
    (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...
  • California Family Code Section 2074
    (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...
  • California Family Code Section 2080
    In a proceeding for dissolution of marriage or for nullity of marriage, but not in a proceeding for legal separation of the parties, the court,...
  • California Family Code Section 2081
    The restoration of a former name or birth name requested under Section 2080 shall not be denied (a) on the basis that the party has...
  • California Family Code Section 2082
    Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.
  • California Family Code Section 2090
    This chapter may be cited as the Uniform Divorce Recognition Act.
  • California Family Code Section 2091
    A divorce obtained in another jurisdiction shall be of no force or effect in this state if both parties to the marriage were domiciled in...
  • California Family Code Section 2092
    Proof that a person hereafter obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this state within 12 months...
  • California Family Code Section 2093
    The application of this chapter is limited by the requirement of the Constitution of the United States that full faith and credit shall be given...
  • California Family Code Section 2100
    The Legislature finds and declares the following: (a) It is the policy of the State of California (1) to marshal, preserve, and protect community and...
  • California Family Code Section 2101
    Unless the provision or context otherwise requires, the following definitions apply to this chapter: (a) "Asset" includes, but is not limited to, any real or...
  • California Family Code Section 2102
    (a) From the date of separation to the date of the distribution of the community or quasi-community asset or liability in question, each party is...
  • California Family Code Section 2103
    In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party...
  • California Family Code Section 2104
    (a) Except by court order for good cause, as provided in Section 2107, in the time period set forth in subdivision (f), each party shall...
  • California Family Code Section 2105
    (a) Except by court order for good cause, before or at the time the parties enter into an agreement for the resolution of property or...
  • California Family Code Section 2106
    Except as provided in subdivision (d) of Section 2105, Section 2110, or absent good cause as provided in Section 2107, no judgment shall be entered...
  • California Family Code Section 2107
    (a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104 or a final declaration of disclosure...
  • California Family Code Section 2108
    At any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of...
  • California Family Code Section 2109
    The provisions of this chapter requiring a final declaration of disclosure do not apply to a summary dissolution of marriage, but a preliminary declaration of...
  • California Family Code Section 2110
    In the case of a default judgment, the petitioner may waive the final declaration of disclosure requirements provided in this chapter, and shall not be...
  • California Family Code Section 2111
    A disclosure required by this chapter does not abrogate the attorney work product privilege or impede the power of the court to issue protective orders.
  • California Family Code Section 2112
    The Judicial Council shall adopt appropriate forms and modify existing forms to effectuate the purposes of this chapter.
  • California Family Code Section 2113
    This chapter applies to any proceeding commenced on or after January 1, 1993.
  • California Family Code Section 2120
    The Legislature finds and declares the following: (a) The State of California has a strong policy of ensuring the division of community and quasi-community property...
  • California Family Code Section 2121
    (a) In proceedings for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court may, on any terms that...
  • California Family Code Section 2122
    The grounds and time limits for a motion to set aside a judgment, or any part or parts thereof, are governed by this section and...
  • California Family Code Section 2123
    Notwithstanding any other provision of this chapter, or any other law, a judgment may not be set aside simply because the court finds that it...
  • California Family Code Section 2124
    The negligence of an attorney shall not be imputed to a client to bar an order setting aside a judgment, unless the court finds that...
  • California Family Code Section 2125
    When ruling on an action or motion to set aside a judgment, the court shall set aside only those provisions materially affected by the circumstances...
  • California Family Code Section 2126
    As to assets or liabilities for which a judgment or part of a judgment is set aside, the date of valuation shall be subject to...
  • California Family Code Section 2127
    As to actions or motions filed under this chapter, if a timely request is made, the court shall render a statement of decision where the...
  • California Family Code Section 2128
    (a) Nothing in this chapter prohibits a party from seeking relief under Section 2556. (b) Nothing in this chapter changes existing law with respect to...
  • California Family Code Section 2129
    This chapter applies to judgments entered on or after January 1, 1993.
  • California Family Code Section 2200
    Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood,...
  • California Family Code Section 2201
    (a) A subsequent marriage contracted by a person during the life of a former husband or wife of the person, with a person other than...
  • California Family Code Section 2210
    A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The...
  • California Family Code Section 2211
    A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must be commenced within the periods and by...
  • California Family Code Section 2212
    (a) The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons. (b) A judgment of...
  • California Family Code Section 2250
    (a) A proceeding based on void or voidable marriage is commenced by filing a petition entitled "In re the marriage of ____ and ____" which...
  • California Family Code Section 2251
    (a) If a determination is made that a marriage is void or voidable and the court finds that either party or both parties believed in...
  • California Family Code Section 2252
    The property divided pursuant to Section 2251 is liable for debts of the parties to the same extent as if the property had been community...
  • California Family Code Section 2253
    In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000).
  • California Family Code Section 2254
    The court may, during the pendency of a proceeding for nullity of marriage or upon judgment of nullity of marriage, order a party to pay...
  • California Family Code Section 2255
    The court may grant attorney's fees and costs in accordance with Chapter 3.5 (commencing with Section 2030) of Part 1 in proceedings to have the...
  • California Family Code Section 2300
    The effect of a judgment of dissolution of marriage when it becomes final is to restore the parties to the state of unmarried persons.
  • California Family Code Section 2310
    Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a)...
  • California Family Code Section 2311
    Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear...
  • California Family Code Section 2312
    A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was...
  • California Family Code Section 2313
    No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the...
  • California Family Code Section 2320
    (a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage...
  • California Family Code Section 2321
    (a) In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the...
  • California Family Code Section 2322
    For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof...
  • California Family Code Section 2330
    (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition entitled "In re the marriage...
  • California Family Code Section 2330.1
    In any proceeding for dissolution of marriage, for legal separation of the parties, or for the support of children, the petition or complaint may list...
  • California Family Code Section 2330.3
    (a) All dissolution actions, to the greatest extent possible, shall be assigned to the same superior court department for all purposes, in order that all...
  • California Family Code Section 2330.5
    Notwithstanding any other provision of law, if no demand for money, property, costs, or attorney's fees is contained in the petition and the judgment of...
  • California Family Code Section 2331
    A copy of the petition, together with a copy of a summons, in form and content approved by the Judicial Council shall be served upon...
  • California Family Code Section 2332
    (a) If the petition for dissolution of the marriage is based on the ground of incurable insanity and the insane spouse has a guardian or...
  • California Family Code Section 2333
    Subject to Section 2334, if from the evidence at the hearing the court finds that there are irreconcilable differences which have caused the irremediable breakdown...
  • California Family Code Section 2334
    (a) If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for the dissolution of the marriage or...
  • California Family Code Section 2335
    Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery...
  • California Family Code Section 2335.5
    In a proceeding for dissolution of marriage or legal separation of the parties, where the judgment is to be entered by default, the petitioner shall...
  • California Family Code Section 2336
    (a) No judgment of dissolution or of legal separation of the parties may be granted upon the default of one of the parties or upon...
  • California Family Code Section 2337
    (a) In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue...
  • California Family Code Section 2338
    (a) In a proceeding for dissolution of the marriage or legal separation of the parties, the court shall file its decision and any statement of...
  • California Family Code Section 2338.5
    Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of...
  • California Family Code Section 2339
    (a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage...
  • California Family Code Section 2340
    A judgment of dissolution of marriage shall specify the date on which the judgment becomes finally effective for the purpose of terminating the marriage relationship...
  • California Family Code Section 2341
    (a) Notwithstanding Section 2340, if an appeal is taken from the judgment or a motion for a new trial is made, the dissolution of marriage...
  • California Family Code Section 2342
    Where a joint petition under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within...
  • California Family Code Section 2343
    The court may, upon notice and for good cause shown, or on stipulation of the parties, retain jurisdiction over the date of termination of the...
  • California Family Code Section 2344
    (a) The death of either party after entry of the judgment does not prevent the judgment from becoming a final judgment under Sections 2339 to...
  • California Family Code Section 2345
    The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not...
  • California Family Code Section 2346
    (a) If the court determines that a judgment of dissolution of the marriage should be granted, but by mistake, negligence, or inadvertence, the judgment has...
  • California Family Code Section 2347
    A judgment of legal separation of the parties does not bar a subsequent judgment of dissolution of the marriage granted pursuant to a petition for...
  • California Family Code Section 2348
    (a) In addition to the requirements of Section 103200 of the Health and Safety Code, the clerk of the superior court of each county shall...
  • California Family Code Section 2400
    (a) A marriage may be dissolved by the summary dissolution procedure provided in this chapter if all of the following conditions exist at the time...
  • California Family Code Section 2401
    (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition in the form prescribed by the Judicial Council....
  • California Family Code Section 2402
    (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition...
  • California Family Code Section 2403
    When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has...
  • California Family Code Section 2404
    Entry of the judgment pursuant to Section 2403 constitutes: (a) A final adjudication of the rights and obligations of the parties with respect to the...
  • California Family Code Section 2405
    (a) Entry of the judgment pursuant to Section 2403 does not prejudice nor bar the rights of either of the parties to institute an action...
  • California Family Code Section 2406
    (a) Each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements,...
  • California Family Code Section 2450
    (a) The purpose of family centered case resolution is to benefit the parties by providing judicial assistance and management to the parties in actions for...
  • California Family Code Section 2451
    (a) A court-ordered family centered case resolution plan must be in conformance with due process requirements and may include, but is not limited to, all...
  • California Family Code Section 2452
    The Judicial Council may, by rule, modify the procedures set forth in this chapter.
  • California Family Code Section 2500
    Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.
  • California Family Code Section 2502
    "Separate property" does not include quasi-community property.
  • California Family Code Section 2550
    Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division,...
  • California Family Code Section 2551
    For the purposes of division and in confirming or assigning the liabilities of the parties for which the community estate is liable, the court shall...
  • California Family Code Section 2552
    (a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision...
  • California Family Code Section 2553
    The court may make any orders the court considers necessary to carry out the purposes of this division.
  • California Family Code Section 2554
    (a) Notwithstanding any other provision of this division, in any case in which the parties do not agree in writing to a voluntary division of...
  • California Family Code Section 2555
    The disposition of the community estate, as provided in this division, is subject to revision on appeal in all particulars, including those which are stated...
  • California Family Code Section 2556
    In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award...
  • California Family Code Section 2580
    The Legislature hereby finds and declares as follows: (a) It is the public policy of this state to provide uniformly and consistently for the standard...
  • California Family Code Section 2581
    For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in...
  • California Family Code Section 2600
    Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part.
  • California Family Code Section 2601
    Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper...
  • California Family Code Section 2602
    As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been...
  • California Family Code Section 2603
    (a) "Community estate personal injury damages" as used in this section means all money or other property received or to be received by a person...
  • California Family Code Section 2603.5
    The court may, if there is a judgment for civil damages for an act of domestic violence perpetrated by one spouse against the other spouse,...
  • California Family Code Section 2604
    If the net value of the community estate is less than five thousand dollars ($5,000) and one party cannot be located through the exercise of...
  • California Family Code Section 2610
    (a) Except as provided in subdivision (b), the court shall make whatever orders are necessary or appropriate to ensure that each party receives the party's...
  • California Family Code Section 2620
    The debts for which the community estate is liable which are unpaid at the time of trial, or for which the community estate becomes liable...
  • California Family Code Section 2621
    Debts incurred by either spouse before the date of marriage shall be confirmed without offset to the spouse who incurred the debt.
  • California Family Code Section 2622
    (a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be...
  • California Family Code Section 2623
    Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the...
  • California Family Code Section 2624
    Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties' marital status or after entry...
  • California Family Code Section 2625
    Notwithstanding Sections 2620 to 2624, inclusive, all separate debts, including those debts incurred by a spouse during marriage and before the date of separation that...
  • California Family Code Section 2626
    The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial.
  • California Family Code Section 2627
    Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and liabilities subject to...
  • California Family Code Section 2628
    Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, joint California income tax liabilities may be revised by a court in a...
  • California Family Code Section 2640
    (a) "Contributions to the acquisition of property," as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a...
  • California Family Code Section 2641
    (a) "Community contributions to education or training" as used in this section means payments made with community or quasi-community property for education or training or...
  • California Family Code Section 2650
    In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests...
  • California Family Code Section 2660
    (a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible,...
  • California Family Code Section 3000
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  • California Family Code Section 3002
    "Joint custody" means joint physical custody and joint legal custody.
  • California Family Code Section 3003
    "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare...
  • California Family Code Section 3004
    "Joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents...
  • California Family Code Section 3006
    "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare...
  • California Family Code Section 3007
    "Sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court...
  • California Family Code Section 3010
    (a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the...
  • California Family Code Section 3011
    In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors...
  • California Family Code Section 3020
    (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children...
  • California Family Code Section 3021
    This part applies in any of the following: (a) A proceeding for dissolution of marriage. (b) A proceeding for nullity of marriage. (c) A proceeding...
  • California Family Code Section 3022
    The court may, during the pendency of a proceeding or at any time thereafter, make an order for the custody of a child during minority...
  • California Family Code Section 3022.3
    Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request...
  • California Family Code Section 3022.5
    A motion by a parent for reconsideration of an existing child custody order shall be granted if the motion is based on the fact that...
  • California Family Code Section 3023
    (a) If custody of a minor child is the sole contested issue, the case shall be given preference over other civil cases, except matters to...
  • California Family Code Section 3024
    In making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent shall notify the other...
  • California Family Code Section 3025
    Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school...
  • California Family Code Section 3025.5
    In any proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding custody of, or visitation...
  • California Family Code Section 3026
    Family reunification services shall not be ordered as a part of a child custody or visitation rights proceeding. Nothing in this section affects the applicability...
  • California Family Code Section 3027
    (a) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding and the court has concerns regarding the child's...
  • California Family Code Section 3027.1
    (a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse...
  • California Family Code Section 3027.5
    (a) No parent shall be placed on supervised visitation, or be denied custody of or visitation with his or her child, and no custody or...
  • California Family Code Section 3028
    (a) The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility or when a parent has been thwarted...
  • California Family Code Section 3029
    An order granting custody to a parent who is receiving, or in the opinion of the court is likely to receive, assistance pursuant to the...
  • California Family Code Section 3030
    (a) (1) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be...
  • California Family Code Section 3030.5
    (a) Upon the motion of one or both parents, or the legal guardian or custodian, or upon the court's own motion, an order granting physical...
  • California Family Code Section 3031
    (a) Where the court considers the issue of custody or visitation the court is encouraged to make a reasonable effort to ascertain whether or not...
  • California Family Code Section 3032
    (a) The Judicial Council shall establish a state-funded one-year pilot project beginning July 1, 1999, in at least two counties, including Los Angeles County, pursuant...
  • California Family Code Section 3040
    (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and...
  • California Family Code Section 3041
    (a) Before making an order granting custody to a person or persons other than a parent, over the objection of a parent, the court shall...
  • California Family Code Section 3041.5
    In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the...
  • California Family Code Section 3042
    (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the...
  • California Family Code Section 3043
    In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court...
  • California Family Code Section 3044
    (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody...
  • California Family Code Section 3046
    (a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in...
  • California Family Code Section 3047
    (a) A party's absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of...
  • California Family Code Section 3048
    (a) Notwithstanding any other provision of law, in any proceeding to determine child custody or visitation with a child, every custody or visitation order shall...
  • California Family Code Section 3049
    It is the intent of the Legislature in enacting this section to codify the decision of the California Supreme Court in In re Marriage of...
  • California Family Code Section 3060
    A petition for a temporary custody order, containing the statement required by Section 3409, may be included with the initial filing of the petition or...
  • California Family Code Section 3061
    If the parties have agreed to or reached an understanding on the custody or temporary custody of their children, a copy of the agreement or...
  • California Family Code Section 3062
    (a) In the absence of an agreement, understanding, or stipulation, the court may, if jurisdiction is appropriate, enter an ex parte temporary custody order, set...
  • California Family Code Section 3063
    In conjunction with any ex parte order seeking or modifying an order of custody, the court shall enter an order restraining the person receiving custody...
  • California Family Code Section 3064
    (a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a...
  • California Family Code Section 3080
    There is a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, subject to Section 3011,...
  • California Family Code Section 3081
    On application of either parent, joint custody may be ordered in the discretion of the court in cases other than those described in Section 3080,...
  • California Family Code Section 3082
    When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons...
  • California Family Code Section 3083
    In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be...
  • California Family Code Section 3084
    In making an order of joint physical custody, the court shall specify the rights of each parent to physical control of the child in sufficient...
  • California Family Code Section 3085
    In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.
  • California Family Code Section 3086
    In making an order of joint physical custody or joint legal custody, the court may specify one parent as the primary caretaker of the child...
  • California Family Code Section 3087
    An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if...
  • California Family Code Section 3088
    An order for the custody of a minor child entered by a court in this state or any other state may, subject to the jurisdictional...
  • California Family Code Section 3089
    In counties having a conciliation court, the court or the parties may, at any time, pursuant to local rules of court, consult with the conciliation...
  • California Family Code Section 3100
    (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent unless it...
  • California Family Code Section 3101
    (a) Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be...
  • California Family Code Section 3102
    (a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable...
  • California Family Code Section 3103
    (a) Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a...
  • California Family Code Section 3104
    (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the...
  • California Family Code Section 3105
    (a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children,...
  • California Family Code Section 3110
    As used in this chapter, "court-appointed investigator" means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation...
  • California Family Code Section 3110.5
    (a) No person may be a court-connected or private child custody evaluator under this chapter unless the person has completed the domestic violence and child...
  • California Family Code Section 3111
    (a) In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation...
  • California Family Code Section 3112
    (a) Where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation pursuant to this chapter or to undertake visitation...
  • California Family Code Section 3113
    Where there has been a history of domestic violence between the parties, or where a protective order as defined in Section 6218 is in effect,...
  • California Family Code Section 3114
    Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing with Section 3150)...
  • California Family Code Section 3115
    No statement, whether written or oral, or conduct shall be held to constitute a waiver by a party of the right to cross-examine the court-appointed...
  • California Family Code Section 3116
    Nothing in this chapter limits the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court.
  • California Family Code Section 3117
    The Judicial Council shall, by January 1, 1999, do both of the following: (a) Adopt standards for full and partial court-connected evaluations, investigations, and assessments...
  • California Family Code Section 3118
    (a) In any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case...
  • California Family Code Section 3120
    Without filing a petition for dissolution of marriage or legal separation of the parties, the husband or wife may bring an action for the exclusive...
  • California Family Code Section 3121
    (a) In any proceeding pursuant to Section 3120, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each...
  • California Family Code Section 3130
    If a petition to determine custody of a child has been filed in a court of competent jurisdiction, or if a temporary order pending determination...
  • California Family Code Section 3131
    If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person...
  • California Family Code Section 3132
    In performing the functions described in Sections 3130 and 3131, the district attorney shall act on behalf of the court and shall not represent any...
  • California Family Code Section 3133
    If the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover...
  • California Family Code Section 3134
    (a) When the district attorney incurs expenses pursuant to this chapter, including expenses incurred in a sister state, payment of the expenses may be advanced...
  • California Family Code Section 3134.5
    (a) Upon request of the district attorney, the court may issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed...
  • California Family Code Section 3135
    Part 3 (commencing with Section 3400) does not limit the authority of a district attorney or arresting agency to act pursuant to this chapter, Section...
  • California Family Code Section 3140
    (a) Subject to subdivisions (b) and (c), before granting or modifying a custody order in a case in which one or both parents of the...
  • California Family Code Section 3150
    (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent...
  • California Family Code Section 3151
    (a) The child's counsel appointed under this chapter is charged with the representation of the child's best interests. The role of the child's counsel is...
  • California Family Code Section 3152
    (a) The child's counsel may, upon noticed motion to all parties and the local child protective services agency, request the court to authorize release of...
  • California Family Code Section 3153
    (a) If the court appoints counsel under this chapter to represent the child, counsel shall receive a reasonable sum for compensation and expenses, the amount...
  • California Family Code Section 3160
    Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.
  • California Family Code Section 3161
    The purposes of a mediation proceeding are as follows: (a) To reduce acrimony that may exist between the parties. (b) To develop an agreement assuring...
  • California Family Code Section 3162
    (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council. (b) The...
  • California Family Code Section 3163
    Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation.
  • California Family Code Section 3164
    (a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may...
  • California Family Code Section 3165
    Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or mediators or...
  • California Family Code Section 3170
    (a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation...
  • California Family Code Section 3171
    (a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court...
  • California Family Code Section 3172
    Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court.
  • California Family Code Section 3173
    (a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to...
  • California Family Code Section 3175
    If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter...
  • California Family Code Section 3176
    (a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation...
  • California Family Code Section 3177
    Mediation proceedings pursuant to this chapter shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the...
  • California Family Code Section 3178
    An agreement reached by the parties as a result of mediation shall be limited as follows: (a) Where mediation is required to settle a contested...
  • California Family Code Section 3179
    A custody or visitation agreement reached as a result of mediation may be modified at any time at the discretion of the court, subject to...
  • California Family Code Section 3180
    (a) In mediation proceedings pursuant to this chapter, the mediator has the duty to assess the needs and interests of the child involved in the...
  • California Family Code Section 3181
    (a) In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties...
  • California Family Code Section 3182
    (a) The mediator has authority to exclude counsel from participation in the mediation proceedings pursuant to this chapter if, in the mediator's discretion, exclusion of...
  • California Family Code Section 3183
    (a) Except as provided in Section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court as to the custody...
  • California Family Code Section 3184
    Except as provided in Section 3188, nothing in this chapter prohibits the mediator from recommending to the court that counsel be appointed, pursuant to Chapter...
  • California Family Code Section 3185
    (a) If issues that may be resolved by agreement pursuant to Section 3178 are not resolved by an agreement of all the parties who participate...
  • California Family Code Section 3186
    (a) An agreement reached by the parties as a result of mediation shall be reported to counsel for the parties by the mediator on the...
  • California Family Code Section 3188
    (a) Any court selected by the Judicial Council under subdivision (c) may voluntarily adopt a confidential mediation program that provides for all of the following:...
  • California Family Code Section 3190
    (a) The court may require parents or any other party involved in a custody or visitation dispute, and the minor child, to participate in outpatient...
  • California Family Code Section 3191
    The counseling pursuant to this chapter shall be specifically designed to facilitate communication between the parties regarding their minor child's best interest, to reduce conflict...
  • California Family Code Section 3192
    In a proceeding in which counseling is ordered pursuant to this chapter, where there has been a history of abuse by either parent against the...
  • California Family Code Section 3200
    The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the...
  • California Family Code Section 3200.5
    (a) Any standards for supervised visitation providers adopted by the Judicial Council pursuant to Section 3200 shall conform to this section. A provider, as described...
  • California Family Code Section 3201
    Any supervised visitation maintained or imposed by the court shall be administered in accordance with Section 26.2 of the California Standards of Judicial Administration recommended...
  • California Family Code Section 3202
    (a) All supervised visitation and exchange programs funded pursuant to this chapter shall comply with all requirements of the Uniform Standards of Practice for Providers...
  • California Family Code Section 3203
    Subject to the availability of federal funding for the purposes of this chapter, the family law division of the superior court in each county may...
  • California Family Code Section 3204
    (a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the "1996 Federal...
  • California Family Code Section 3400
    This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
  • California Family Code Section 3402
    As used in this part: (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has...
  • California Family Code Section 3403
    This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
  • California Family Code Section 3404
    (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.)...
  • California Family Code Section 3405
    (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of...
  • California Family Code Section 3406
    A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in...
  • California Family Code Section 3407
    If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a...
  • California Family Code Section 3408
    (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law...
  • California Family Code Section 3409
    (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a...
  • California Family Code Section 3410
    (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may...
  • California Family Code Section 3411
    (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located...
  • California Family Code Section 3412
    (a) A court of this state may request the appropriate court of another state to do all of the following: (1) Hold an evidentiary hearing....
  • California Family Code Section 3421
    (a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any...
  • California Family Code Section 3422
    (a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or...
  • California Family Code Section 3423
    Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another...
  • California Family Code Section 3424
    (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or...
  • California Family Code Section 3425
    (a) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of Section...
  • California Family Code Section 3426
    (a) Except as otherwise provided in Section 3424, a court of this state may not exercise its jurisdiction under this chapter if, at the time...
  • California Family Code Section 3427
    (a) A court of this state that has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at...
  • California Family Code Section 3428
    (a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under...
  • California Family Code Section 3429
    (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath...
  • California Family Code Section 3430
    (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear...
  • California Family Code Section 3441
    In this chapter: (a) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the...
  • California Family Code Section 3442
    Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the...
  • California Family Code Section 3443
    (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised...
  • California Family Code Section 3444
    (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either: (1)...
  • California Family Code Section 3445
    (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for...
  • California Family Code Section 3446
    (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination...
  • California Family Code Section 3447
    If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify...
  • California Family Code Section 3448
    (a) A petition under this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must...
  • California Family Code Section 3449
    Except as otherwise provided in Section 3451, the petition and order shall be served, by any method authorized by the law of this state, upon...
  • California Family Code Section 3450
    (a) Unless the court issues a temporary emergency order pursuant to Section 3424, upon a finding that a petitioner is entitled to immediate physical custody...
  • California Family Code Section 3451
    (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of...
  • California Family Code Section 3452
    (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs,...
  • California Family Code Section 3453
    A court of this state shall accord full faith and credit to an order issued by another state, and consistent with this part, enforce a...
  • California Family Code Section 3454
    An appeal may be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases....
  • California Family Code Section 3455
    (a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney is...
  • California Family Code Section 3456
    At the request of a district attorney acting under Section 3455, a law enforcement officer may take any lawful action reasonably necessary to locate a...
  • California Family Code Section 3457
    The court may assess all direct expenses and costs incurred by a district attorney under Section 3455 or 3456 pursuant to the provisions of Section
  • California Family Code Section 3461
    In applying and construing this Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law...
  • California Family Code Section 3462
    If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...
  • California Family Code Section 3465
    A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the...
  • California Family Code Section 3500
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  • California Family Code Section 3515
    "Separate property" does not include quasi-community property.
  • California Family Code Section 3550
    (a) As used in this section: (1) "Obligee" means a person to whom a duty of support is owed. (2) "Obligor" means a person who...
  • California Family Code Section 3551
    Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable under this division. Husband and wife are competent witnesses to...
  • California Family Code Section 3552
    (a) In a proceeding involving child, family, or spousal support, no party to the proceeding may refuse to submit copies of the party's state and...
  • California Family Code Section 3554
    An appeal may be taken from an order or judgment under this division as in other civil actions.
  • California Family Code Section 3555
    Where support is ordered to be paid through the county officer designated by the court on behalf of a child or other party not receiving...
  • California Family Code Section 3556
    The existence or enforcement of a duty of support owed by a noncustodial parent for the support of a minor child is not affected by...
  • California Family Code Section 3557
    (a) Notwithstanding any other provision of law, absent good cause to the contrary, the court, in order to ensure that each party has access to...
  • California Family Code Section 3558
    In a proceeding involving child or family support, a court may require either parent to attend job training, job placement and vocational rehabilitation, and work...
  • California Family Code Section 3580
    Subject to this chapter and to Section 3651, a husband and wife may agree, in writing, to an immediate separation, and may provide in the...
  • California Family Code Section 3585
    The provisions of an agreement between the parents for child support shall be deemed to be separate and severable from all other provisions of the...
  • California Family Code Section 3586
    If an agreement between the parents combines child support and spousal support without designating the amount to be paid for child support and the amount...
  • California Family Code Section 3587
    Notwithstanding any other provision of law, the court has the authority to approve a stipulated agreement by the parents to pay for the support of...
  • California Family Code Section 3590
    The provisions of an agreement for support of either party shall be deemed to be separate and severable from the provisions of the agreement relating...
  • California Family Code Section 3591
    (a) Except as provided in subdivisions (b) and (c), the provisions of an agreement for the support of either party are subject to subsequent modification...
  • California Family Code Section 3592
    If an obligation under an agreement for settlement of property to a spouse or for support of a spouse is discharged in bankruptcy, the court...
  • California Family Code Section 3593
    Sections 3590 and 3591 are effective only with respect to a property settlement agreement entered into on or after January 1, 1970, and do not...
  • California Family Code Section 3600
    During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties or under Division 8 (commencing with Section 3000)...
  • California Family Code Section 3601
    (a) An order for child support entered pursuant to this chapter continues in effect until the order (1) is terminated by the court or (2)...
  • California Family Code Section 3602
    Unless the order specifies otherwise, an order made pursuant to this chapter is not enforceable during any period in which the parties have reconciled and...
  • California Family Code Section 3603
    An order made pursuant to this chapter may be modified or terminated at any time except as to an amount that accrued before the date...
  • California Family Code Section 3604
    An order made pursuant to this chapter does not prejudice the rights of the parties or the child with respect to any subsequent order which...
  • California Family Code Section 3620
    An order under this chapter shall be known as an expedited support order.
  • California Family Code Section 3621
    In an action for child support that has been filed and served, the court may, without a hearing, make an order requiring a parent or...
  • California Family Code Section 3622
    The court shall make an expedited support order upon the filing of all of the following: (a) An application for an expedited child support order,...
  • California Family Code Section 3623
    (a) An application for the expedited support order confers jurisdiction on the court to hear only the issue of support of the child or children...
  • California Family Code Section 3624
    (a) Subject to Section 3625, an expedited support order becomes effective 30 days after service on the obligated parent of all of the following: (1)...
  • California Family Code Section 3625
    (a) A response to the application for the proposed expedited support order and the obligated parent's income and expense declaration may be filed with the...
  • California Family Code Section 3626
    The obligated parent shall cause the court clerk to, and the court clerk shall, set a hearing on the application for the expedited support order...
  • California Family Code Section 3627
    The obligated parent shall give notice of the hearing to the other parties or their counsel by first-class mail not less than 15 days before...
  • California Family Code Section 3628
    If notice of the hearing is not given as provided in Section 3627, the expedited support order becomes effective as provided in Section 3624, subject...
  • California Family Code Section 3629
    (a) At the hearing on the application for the expedited support order, all parties who are parents of the child or children who are the...
  • California Family Code Section 3630
    (a) Except as provided in subdivision (b), the amount of the expedited support order shall be the minimum amount the obligated parent is required to...
  • California Family Code Section 3631
    When there is a hearing, the resulting order shall be called an order after hearing.
  • California Family Code Section 3632
    An order after hearing shall become effective not more than 30 days after the filing of the response to the application for the expedited support...
  • California Family Code Section 3633
    An order entered under this chapter may be modified or terminated at any time on the same basis as any other order for child support.
  • California Family Code Section 3634
    The Judicial Council shall prepare all forms necessary to give effect to this chapter.
  • California Family Code Section 3650
    Unless the provision or context otherwise requires, as used in this chapter, "support order" means a child, family, or spousal support order.
  • California Family Code Section 3651
    (a) Except as provided in subdivisions (c) and (d) and subject to Article 3 (commencing with Section 3680) and Sections 3552, 3587, and 4004, a...
  • California Family Code Section 3652
    Except as against a governmental agency, an order modifying, terminating, or setting aside a support order may include an award of attorney's fees and court...
  • California Family Code Section 3653
    (a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or...
  • California Family Code Section 3654
    At the request of either party, an order modifying, terminating, or setting aside a support order shall include a statement of decision.
  • California Family Code Section 3660
    The purpose of this article is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order...
  • California Family Code Section 3662
    Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order...
  • California Family Code Section 3663
    In the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be...
  • California Family Code Section 3664
    (a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of paternity, that provides for...
  • California Family Code Section 3665
    (a) A copy of the prior year's federal and state personal income tax returns shall be attached to the income and expense declaration of each...
  • California Family Code Section 3666
    This article may be enforced in the manner specified in Sections 1991, 1991.1, 1991.2, 1992, and 1993 of the Code of Civil Procedure and in...
  • California Family Code Section 3667
    Upon the subsequent filing of a motion for modification or termination of the support order by the requesting party, if the court finds that the...
  • California Family Code Section 3668
    The Judicial Council shall adopt forms which shall be used in the procedure provided by this article.
  • California Family Code Section 3680
    (a) The Legislature finds and declares the following: (1) There is currently no simple method available to parents to quickly modify their support orders when...
  • California Family Code Section 3680.5
    (a) The local child support agency shall monitor child support cases and seek modifications, when needed. (b) At least once every three years, the local...
  • California Family Code Section 3690
    (a) The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after...
  • California Family Code Section 3691
    The grounds and time limits for an action or motion to set aside a support order, or any part or parts thereof, are governed by...
  • California Family Code Section 3692
    Notwithstanding any other provision of this article, or any other law, a support order may not be set aside simply because the court finds that...
  • California Family Code Section 3693
    When ruling on an action or motion to set aside a support order, the court shall set aside only those provisions materially affected by the...
  • California Family Code Section 3750
    "Health insurance coverage" as used in this article includes all of the following: (a) Vision care and dental care coverage whether the vision care or...
  • California Family Code Section 3751
    (a) (1) Support orders issued or modified pursuant to this chapter shall include a provision requiring the child support obligor to keep the agency designated...
  • California Family Code Section 3751.5
    (a) Notwithstanding any other provision of law, an employer or insurer shall not deny enrollment of a child under the health insurance coverage of a...
  • California Family Code Section 3752
    (a) If the local child support agency has been designated as the assigned payee for child support, the court shall order the parent to notify...
  • California Family Code Section 3752.5
    (a) A child support order issued or modified pursuant to this division shall include a provision requiring the child support obligor to keep the obligee...
  • California Family Code Section 3753
    The cost of the health insurance shall be in addition to the child support amount ordered under Article 2 (commencing with Section 4050), with allowance...
  • California Family Code Section 3760
    As used in this article, unless the provision or context otherwise requires: (a) "Employer" includes the United States government and any public entity as defined...
  • California Family Code Section 3761
    (a) Upon application by a party or local child support agency in any proceeding where the court has ordered either or both parents to maintain...
  • California Family Code Section 3762
    Good cause for not making a health insurance coverage assignment order shall be limited to either of the following: (a) The court finds that one...
  • California Family Code Section 3763
    (a) The health insurance coverage assignment order may be ordered at the time of trial or entry of a judgment ordering health insurance coverage. The...
  • California Family Code Section 3764
    (a) A health insurance coverage assignment order does not become effective until 20 days after service by the applicant of the assignment order on the...
  • California Family Code Section 3765
    (a) The obligor may move to quash a health insurance coverage assignment order as provided in this section if the obligor declares under penalty of...
  • California Family Code Section 3766
    (a) The employer, or other person providing health insurance, shall take steps to commence coverage, consistent with the order for the health insurance coverage assignment,...
  • California Family Code Section 3767
    The employer or other person providing health insurance shall do all of the following: (a) Notify the applicant for the assignment order or notice of...
  • California Family Code Section 3768
    (a) An employer or other person providing health insurance who willfully fails to comply with a valid health insurance coverage assignment order entered and served...
  • California Family Code Section 3769
    No employer shall use a health insurance coverage assignment order as grounds for refusing to hire a person or for discharging or taking disciplinary action...
  • California Family Code Section 3770
    Upon notice of motion by the obligor, the court shall terminate a health insurance coverage assignment order if any of the following conditions exist: (a)...
  • California Family Code Section 3771
    Upon request of the local child support agency the employer shall provide the following information to the local child support agency within 30 days: (a)...
  • California Family Code Section 3772
    The Judicial Council shall adopt forms for the health insurance coverage assignment required or authorized by this article, including, but not limited to, the application,...
  • California Family Code Section 3773
    (a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section...
  • California Family Code Section 3800
    As used in this chapter: (a) "Custodial parent" means a party awarded physical custody of a child. (b) "Deferred sale of home order" means an...
  • California Family Code Section 3801
    (a) If one of the parties has requested a deferred sale of home order pursuant to this chapter, the court shall first determine whether it...
  • California Family Code Section 3802
    (a) If the court determines pursuant to Section 3801 that it is economically feasible to consider ordering a deferred sale of the family home, the...
  • California Family Code Section 3803
    A deferred sale of home order shall state the duration of the order and may include the legal description and assessor's parcel number of the...
  • California Family Code Section 3804
    A deferred sale of home order may be recorded in the office of the county recorder of the county in which the real property is
  • California Family Code Section 3806
    The court may make an order specifying the parties' respective responsibilities for the payment of the costs of routine maintenance and capital improvements.
  • California Family Code Section 3807
    Except as otherwise agreed to by the parties in writing, a deferred sale of home order may be modified or terminated at any time at...
  • California Family Code Section 3808
    Except as otherwise agreed to by the parties in writing, if the party awarded the deferred sale of home order remarries, or if there is...
  • California Family Code Section 3809
    In making an order pursuant to this chapter, the court shall reserve jurisdiction to determine any issues that arise with respect to the deferred sale...
  • California Family Code Section 3810
    This chapter is applicable regardless of whether the deferred sale of home order is made before or after January 1, 1989.
  • California Family Code Section 3830
    (a) On and after January 1, 1994, no court shall use any computer software to assist in determining the appropriate amount of child support or...
  • California Family Code Section 3900
    Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to...
  • California Family Code Section 3901
    (a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a...
  • California Family Code Section 3902
    The court may direct that an allowance be made to the parent of a child for whom support may be ordered out of the child's...
  • California Family Code Section 3910
    (a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated...
  • California Family Code Section 3930
    A parent does not have the duty to support a child of the parent's child.
  • California Family Code Section 3950
    If a parent neglects to provide articles necessary for the parent's child who is under the charge of the parent, according to the circumstances of...
  • California Family Code Section 3951
    (a) A parent is not bound to compensate the other parent, or a relative, for the voluntary support of the parent's child, without an agreement...
  • California Family Code Section 3952
    If a parent chargeable with the support of a child dies leaving the child chargeable to the county or leaving the child confined in a...
  • California Family Code Section 4000
    If a parent has the duty to provide for the support of the parent's child and willfully fails to so provide, the other parent, or...
  • California Family Code Section 4001
    In any proceeding where there is at issue the support of a minor child or a child for whom support is authorized under Section 3901...
  • California Family Code Section 4002
    (a) The county may proceed on behalf of a child to enforce the child's right of support against a parent. (b) If the county furnishes...
  • California Family Code Section 4003
    In any case in which the support of a child is at issue, the court may, upon a showing of good cause, order a separate...
  • California Family Code Section 4004
    In a proceeding where there is at issue the support of a child, the court shall require the parties to reveal whether a party is...
  • California Family Code Section 4005
    At the request of either party, the court shall make appropriate findings with respect to the circumstances on which the order for support of a...
  • California Family Code Section 4006
    In a proceeding for child support under this code, including, but not limited to, Division 17 (commencing with Section 17000), the court shall consider the...
  • California Family Code Section 4007
    (a) If a court orders a person to make specified payments for support of a child during the child's minority, or until the child is...
  • California Family Code Section 4007.5
    (a) Every money judgment or order for support of a child that is being enforced by a local child support agency under Title IV-D of...
  • California Family Code Section 4008
    The community property, the quasi-community property, and the separate property may be subjected to the support of the children in the proportions the court determines...
  • California Family Code Section 4009
    An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent...
  • California Family Code Section 4010
    In a proceeding in which the court orders a payment for the support of a child, the court shall, at the time of providing written...
  • California Family Code Section 4011
    Payment of child support ordered by the court shall be made by the person owing the support payment before payment of any debts owed to
  • California Family Code Section 4012
    Upon a showing of good cause, the court may order a parent required to make a payment of child support to give reasonable security for...
  • California Family Code Section 4013
    If obligations for support of a child are discharged in bankruptcy, the court may make all proper orders for the support of the child that...
  • California Family Code Section 4014
    (a) Any order for child support issued or modified pursuant to this chapter shall include a provision requiring the obligor and child support obligee to...
  • California Family Code Section 4050
    In adopting the statewide uniform guideline provided in this article, it is the intention of the Legislature to ensure that this state remains in compliance...
  • California Family Code Section 4051
    This article takes effect on July 1, 1992.
  • California Family Code Section 4052
    The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.
  • California Family Code Section 4052.5
    (a) The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The...
  • California Family Code Section 4053
    In implementing the statewide uniform guideline, the courts shall adhere to the following principles: (a) A parent's first and principal obligation is to support his...
  • California Family Code Section 4054
    (a) The Judicial Council shall periodically review the statewide uniform guideline to recommend to the Legislature appropriate revisions. (b) The review shall include economic data...
  • California Family Code Section 4055
    (a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)]. (b) (1) The components of the formula...
  • California Family Code Section 4056
    (a) To comply with federal law, the court shall state, in writing or on the record, the following information whenever the court is ordering an...
  • California Family Code Section 4057
    (a) The amount of child support established by the formula provided in subdivision (a) of Section 4055 is presumed to be the correct amount of...
  • California Family Code Section 4057.5
    (a) (1) The income of the obligor parent's subsequent spouse or nonmarital partner shall not be considered when determining or modifying child support, except in...
  • California Family Code Section 4058
    (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not...
  • California Family Code Section 4059
    The annual net disposable income of each parent shall be computed by deducting from his or her annual gross income the actual amounts attributable to...
  • California Family Code Section 4060
    The monthly net disposable income shall be computed by dividing the annual net disposable income by 12. If the monthly net disposable income figure does...
  • California Family Code Section 4061
    The amounts in Section 4062 shall be considered additional support for the children and shall be computed in accordance with the following: (a) If there...
  • California Family Code Section 4062
    (a) The court shall order the following as additional child support: (1) Child care costs related to employment or to reasonably necessary education or training...
  • California Family Code Section 4063
    (a) When making an order pursuant to paragraph (2) of subdivision (a) of Section 4062, the court shall: (1) Advise each parent, in writing or...
  • California Family Code Section 4064
    The court may adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent.
  • California Family Code Section 4065
    (a) Unless prohibited by applicable federal law, the parties may stipulate to a child support amount subject to approval of the court. However, the court...
  • California Family Code Section 4066
    Orders and stipulations otherwise in compliance with the statewide uniform guideline may designate as "family support" an unallocated total sum for support of the spouse...
  • California Family Code Section 4067
    It is the intent of the Legislature that the statewide uniform guideline shall be reviewed by the Legislature at least every four years and shall...
  • California Family Code Section 4068
    (a) The Judicial Council may develop the following: (1) Model worksheets to assist parties in determining the approximate amount of child support due under the...
  • California Family Code Section 4069
    The establishment of the statewide uniform guideline constitutes a change of circumstances.
  • California Family Code Section 4070
    If a parent is experiencing extreme financial hardship due to justifiable expenses resulting from the circumstances enumerated in Section 4071, on the request of a...
  • California Family Code Section 4071
    (a) Circumstances evidencing hardship include the following: (1) Extraordinary health expenses for which the parent is financially responsible, and uninsured catastrophic losses. (2) The minimum...
  • California Family Code Section 4072
    (a) If a deduction for hardship expenses is allowed, the court shall do both of the following: (1) State the reasons supporting the deduction in...
  • California Family Code Section 4073
    The court shall be guided by the goals set forth in this article when considering whether or not to allow a financial hardship deduction, and,...
  • California Family Code Section 4074
    This article applies to an award for the support of children, including those awards designated as "family support," that contain provisions for the support of...
  • California Family Code Section 4075
    This article shall not be construed to affect the treatment of spousal support and separate maintenance payments pursuant to Section 71 of the Internal Revenue...
  • California Family Code Section 4076
    (a) Whenever the court is requested to modify a child support order issued prior to July 1, 1992, for the purpose of conforming to the...
  • California Family Code Section 4200
    In any proceeding where a court makes or has made an order requiring the payment of child support to a parent receiving welfare moneys for...
  • California Family Code Section 4201
    In any proceeding where a court makes or has made an order requiring the payment of child support to the person having custody of a...
  • California Family Code Section 4202
    (a) Notwithstanding any other provision of law, in a proceeding where the custodial parent resides in one county and the parent ordered to pay support...
  • California Family Code Section 4203
    (a) Except as provided in Section 4202, expenses of the county officer designated by the court, and expenses of the local child support agency incurred...
  • California Family Code Section 4204
    Notwithstanding any other provision of law, in any proceeding where the court has made an order requiring the payment of child support to a person...
  • California Family Code Section 4205
    Any notice from the local child support agency requesting a meeting with the support obligor for any purpose authorized under this part shall contain a...
  • California Family Code Section 4250
    (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. (2) The current system for obtaining, modifying, and...
  • California Family Code Section 4251
    (a) Commencing July 1, 1997, each superior court shall provide sufficient commissioners to hear Title IV-D child support cases filed by the local child support...
  • California Family Code Section 4252
    (a) The superior court shall appoint one or more subordinate judicial officers as child support commissioners to perform the duties specified in Section 4251. The...
  • California Family Code Section 4253
    Notwithstanding any other provision of law, when hearing child support matters, a commissioner or referee may enter default orders if the defendant does not respond...
  • California Family Code Section 4300
    Subject to this division, a person shall support the person's spouse.
  • California Family Code Section 4301
    Subject to Section 914, a person shall support the person's spouse while they are living together out of the separate property of the person when...
  • California Family Code Section 4302
    A person is not liable for support of the person's spouse when the person is living separate from the spouse by agreement unless support is...
  • California Family Code Section 4303
    (a) The obligee spouse, or the county on behalf of the obligee spouse, may bring an action against the obligor spouse to enforce the duty...
  • California Family Code Section 4320
    In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning capacity of...
  • California Family Code Section 4321
    In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate...
  • California Family Code Section 4322
    In an original or modification proceeding, where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient...
  • California Family Code Section 4323
    (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need...
  • California Family Code Section 4324
    In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to...
  • California Family Code Section 4324.5
    (a) In any proceeding for dissolution of marriage where there is a criminal conviction for a violent sexual felony perpetrated by one spouse against the...
  • California Family Code Section 4325
    (a) In any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against...
  • California Family Code Section 4330
    (a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support...
  • California Family Code Section 4331
    (a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an...
  • California Family Code Section 4332
    In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the...
  • California Family Code Section 4333
    An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the...
  • California Family Code Section 4334
    (a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the...
  • California Family Code Section 4335
    An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains...
  • California Family Code Section 4336
    (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a...
  • California Family Code Section 4337
    Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates...
  • California Family Code Section 4338
    In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated: (a) The earnings,...
  • California Family Code Section 4339
    The court may order the supporting party to give reasonable security for payment of spousal support.
  • California Family Code Section 4350
    In any proceeding where a court makes or has made an order requiring the payment of spousal support, the court may direct that payment shall...
  • California Family Code Section 4351
    (a) In any proceeding where the court has entered an order pursuant to Section 4350, the court may also refer the matter of enforcement of...
  • California Family Code Section 4352
    (a) Insofar as expenses of the county officer designated by the court and expenses of the local child support agency incurred in the enforcement of...
  • California Family Code Section 4360
    (a) For the purpose of Section 4320, where it is just and reasonable in view of the circumstances of the parties, the court, in determining...
  • California Family Code Section 4400
    Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need...
  • California Family Code Section 4401
    The promise of an adult child to pay for necessaries previously furnished to a parent described in Section 4400 is binding.
  • California Family Code Section 4402
    The duty of support under this part is cumulative and not in substitution for any other duty.
  • California Family Code Section 4403
    (a) Subject to subdivision (b): (1) A parent, or the county on behalf of the parent, may bring an action against the child to enforce...
  • California Family Code Section 4404
    In determining the amount to be ordered for support, the court shall consider the following circumstances of each party: (a) Earning capacity and needs. (b)...
  • California Family Code Section 4405
    The court retains jurisdiction to modify or terminate an order for support where justice requires.
  • California Family Code Section 4410
    An adult child may file a petition in the county where a parent of the child resides requesting that the court make an order freeing...
  • California Family Code Section 4411
    The court shall make the order requested pursuant to Section 4410 only if the petition alleges and the court finds all of the following: (a)...
  • California Family Code Section 4412
    On the filing of a petition under this chapter, the clerk shall set the matter for hearing by the court and shall issue a citation,...
  • California Family Code Section 4413
    If the parent is a resident of this state, the court does not have jurisdiction to make an order under this chapter until 30 days...
  • California Family Code Section 4414
    (a) If, upon hearing, the court determines that the requirements of Section 4411 are satisfied, the court shall make an order that the petitioner is...
  • California Family Code Section 4500
    An order for child, family, or spousal support that is made, entered, or enforceable in this state is enforceable under this code, whether or not...
  • California Family Code Section 4501
    A family support order is enforceable in the same manner and to the same extent as a child support order.
  • California Family Code Section 4502
    The period for enforcement and procedure for renewal of a judgment or order for child, family, or spousal support is governed by Section 291.
  • California Family Code Section 4503
    If a parent has been ordered to make payments for the support of a minor child, an action to recover an arrearage in those payments...
  • California Family Code Section 4504
    (a) If the noncustodial parent is receiving payments from the federal government pursuant to the Social Security Act or Railroad Retirement Act, or from the...
  • California Family Code Section 4505
    (a) A court may require a parent who alleges that the parent' s default in a child or family support order is due to the...
  • California Family Code Section 4506
    (a) An abstract of a judgment ordering a party to pay spousal, child, or family support to the other party shall be certified by the...
  • California Family Code Section 4506.1
    Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency enforcing...
  • California Family Code Section 4506.2
    (a) Notwithstanding any other provision of law, when a support obligation is being enforced pursuant to Title IV-D of the Social Security Act, the agency...
  • California Family Code Section 4506.3
    The Judicial Council, in consultation with the California Family Support Council, the Department of Child Support Services, and title insurance industry representatives, shall develop a...
  • California Family Code Section 4507
    When a court orders a person to make payment for child support or family support, the court may order that individual to make that payment...
  • California Family Code Section 4508
    (a) This section does not apply to any child support obligor who is subject to an earnings assignment order pursuant to Chapter 8 (commencing with...
  • California Family Code Section 4550
    "Child support obligee" as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be...
  • California Family Code Section 4551
    Except as provided in this section, this chapter: (a) Does not apply to a temporary child support order. (b) Applies to an application for modification...
  • California Family Code Section 4552
    The Judicial Council shall promulgate such rules of court and publish such related judicial forms as the Judicial Council determines are necessary and appropriate to...
  • California Family Code Section 4553
    Nothing in this chapter shall be construed to permit any action or omission by the state or any of its political subdivisions that would place...
  • California Family Code Section 4554
    This chapter applies notwithstanding any other law.
  • California Family Code Section 4560
    (a) Except as provided in subdivision (b) or in Article 3 (commencing with Section 4565), every order or judgment to pay child support may also...
  • California Family Code Section 4561
    If a child support security deposit is ordered, the court shall order that the moneys be deposited by the child support obligor in an interest-bearing...
  • California Family Code Section 4562
    The court shall also order that evidence of the deposit shall be provided by the child support obligor in the form specified by the court,...
  • California Family Code Section 4563
    An account established pursuant to this chapter shall be dissolved and any remaining funds in the account shall be returned to the support obligor, with...
  • California Family Code Section 4565
    (a) Before entry of a child support order pursuant to Section 4560, the court shall give the child support obligor reasonable notice and opportunity to...
  • California Family Code Section 4566
    Upon the filing of an application under Section 4565 with the court and the service of the application upon the child support obligee and any...
  • California Family Code Section 4567
    The court shall then provide an opportunity for hearing, and shall thereafter enter its order exercising its discretion under all the facts and circumstances as...
  • California Family Code Section 4570
    (a) Upon the application of the child support obligee stating that the support payment is 10 or more days late, the court shall immediately order...
  • California Family Code Section 4571
    The court shall cause a copy of the application, as well as its order to disburse and replenish funds, to be served upon the child...
  • California Family Code Section 4572
    The court shall cause a copy of its order to disburse and replenish funds to be served upon the depository institution where the child support...
  • California Family Code Section 4573
    If support is ordered to be paid through the local child support agency on behalf of a child not receiving public assistance pursuant to the...
  • California Family Code Section 4600
    The purpose of this chapter is to provide an extraordinary remedy for cases of bad faith failure to pay child support obligations.
  • California Family Code Section 4601
    "Deposit holder" as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to...
  • California Family Code Section 4602
    If requested by an obligor-parent, the deposit holder shall prepare a statement setting forth disbursements and receipts made under this chapter.
  • California Family Code Section 4603
    The deposit holder who is responsible for any money or property and for any disbursements under this chapter is not liable for any action undertaken...
  • California Family Code Section 4604
    (a) If the deposit holder incurs fees or costs under this chapter which are not compensated by the deduction under subdivision (c) of Section 4630...
  • California Family Code Section 4610
    (a) Subject to Sections 4613, 4614, and 4615, in any proceeding where the court has ordered either or both parents to pay any amount for...
  • California Family Code Section 4611
    In a proceeding under this chapter, an obligor-parent shall rebut both of the following presumptions: (a) The nonpayment of child support was willful, without good...
  • California Family Code Section 4612
    An obligor-parent alleged to be in arrears may use any of the following grounds as a defense to the motion filed pursuant to this article...
  • California Family Code Section 4613
    The court shall not issue an order pursuant to this article unless the court determines that one or more of the following conditions exist: (a)...
  • California Family Code Section 4614
    The designation of assets subject to an order pursuant to this article shall be based upon concern for maximizing the liquidity and ready conversion into...
  • California Family Code Section 4615
    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...
  • California Family Code Section 4616
    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...
  • California Family Code Section 4617
    (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...
  • California Family Code Section 4620
    (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...
  • California Family Code Section 4630
    (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...
  • California Family Code Section 4631
    (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...
  • California Family Code Section 4632
    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...
  • California Family Code Section 4640
    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...
  • California Family Code Section 4641
    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:...
  • California Family Code Section 4700
    This chapter may be cited as the Child Support Delinquency Reporting Law.
  • California Family Code Section 4701
    (a) The Department of Child Support Services shall administer a statewide automated system for the reporting of court-ordered child support obligations to credit reporting agencies....
  • California Family Code Section 4720
    "Support" for the purposes of this chapter means support as defined in Section 150.
  • California Family Code Section 4721
    (a) This chapter applies only to installments of child support that are due on or after January 1, 1992. (b) It is the intent of...
  • California Family Code Section 4722
    (a) Any person with a court order for child support, the payments on which are more than 30 days in arrears, may file and then...
  • California Family Code Section 4723
    (a) The notice of delinquency shall be signed under penalty of perjury by the support obligee. (b) The notice of delinquency shall state all of...
  • California Family Code Section 4724
    The notice of delinquency may be served personally or by certified mail or in any manner provided for service of summons.
  • California Family Code Section 4725
    If the child support owed, or any arrearages, interest, or penalty, remains unpaid more than 30 days after serving the notice of delinquency, the support...
  • California Family Code Section 4726
    No penalties may be imposed pursuant to this chapter if, in the discretion of the court, all of the following conditions are met: (a) Within...
  • California Family Code Section 4727
    Any penalty due under this chapter shall not be greater than 6 percent per month of the original amount of support arrearages or support installment,...
  • California Family Code Section 4728
    Penalties due pursuant to this chapter may be enforced by the issuance of a writ of execution in the same manner as a writ of...
  • California Family Code Section 4729
    The local child support agency or any other agency providing support enforcement services pursuant to Title IV-D of the federal Social Security Act may not...
  • California Family Code Section 4730
    At any hearing to set or modify the amount payable for the support of a child, the court shall not consider any penalties imposed under...
  • California Family Code Section 4731
    A subsequent notice of delinquency may be served and filed at any time. The subsequent notice shall indicate those child support arrearages and ongoing installments...
  • California Family Code Section 4732
    The Judicial Council shall adopt forms or notices for the use of the procedures provided by this chapter.
  • California Family Code Section 4733
    Penalties collected pursuant to this chapter shall be paid to the custodian of the child who is the subject of the child support judgment or...
  • California Family Code Section 4900
    This chapter shall be known and may be cited as the Uniform Interstate Family Support Act.
  • California Family Code Section 4901
    The following definitions apply to this chapter: (a) "Child" means an individual, whether over or under the age of majority, who is, or is alleged...
  • California Family Code Section 4902
    The superior court is the tribunal of this state.
  • California Family Code Section 4903
    Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.
  • California Family Code Section 4905
    In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over...
  • California Family Code Section 4906
    A tribunal of this state exercising personal jurisdiction over a nonresident under Section 4905 may apply Section 4930 to receive evidence from another state, and...
  • California Family Code Section 4907
    Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal...
  • California Family Code Section 4908
    (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading...
  • California Family Code Section 4909
    (a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support...
  • California Family Code Section 4910
    (a) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support...
  • California Family Code Section 4911
    (a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls...
  • California Family Code Section 4912
    In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to...
  • California Family Code Section 4913
    Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state shall be credited against the...
  • California Family Code Section 4913.5
    A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to...
  • California Family Code Section 4914
    (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the...
  • California Family Code Section 4915
    (a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (b) This chapter provides for the following proceedings:...
  • California Family Code Section 4916
    A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit...
  • California Family Code Section 4917
    Except as otherwise provided by this chapter, a responding tribunal of this state: (a) Shall apply the procedural and substantive law, including the rules on...
  • California Family Code Section 4918
    (a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of the petition and...
  • California Family Code Section 4919
    (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subdivision (c) of...
  • California Family Code Section 4920
    If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an...
  • California Family Code Section 4921
    (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter. (b) A support...
  • California Family Code Section 4922
    If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order...
  • California Family Code Section 4923
    An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
  • California Family Code Section 4924
    (a) The Attorney General's office is the state information agency under this chapter. (b) The state information agency shall do all of the following: (1)...
  • California Family Code Section 4925
    (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter shall verify the petition....
  • California Family Code Section 4926
    Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at...
  • California Family Code Section 4927
    (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess...
  • California Family Code Section 4928
    (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support...
  • California Family Code Section 4929
    A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a...
  • California Family Code Section 4930
    (a) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a...
  • California Family Code Section 4931
    A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning...
  • California Family Code Section 4932
    A tribunal of this state may do both of the following: (1) Request a tribunal of another state to assist in obtaining discovery. (2) Upon...
  • California Family Code Section 4933
    A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order....
  • California Family Code Section 4935
    (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support...
  • California Family Code Section 4940
    An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer pursuant to Section 5210 without...
  • California Family Code Section 4941
    (a) Upon receipt of an income-withholding order, the obligor' s employer shall immediately provide a copy of the order to the obligor. (b) The employer...
  • California Family Code Section 4942
    If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple...
  • California Family Code Section 4943
    An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to any...
  • California Family Code Section 4944
    An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties...
  • California Family Code Section 4945
    (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this...
  • California Family Code Section 4946
    (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the...
  • California Family Code Section 4950
    A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.
  • California Family Code Section 4951
    (a) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the...
  • California Family Code Section 4952
    (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state....
  • California Family Code Section 4953
    (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment...
  • California Family Code Section 4954
    (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice shall...
  • California Family Code Section 4955
    (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days...
  • California Family Code Section 4956
    (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or...
  • California Family Code Section 4957
    Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any...
  • California Family Code Section 4958
    A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that...
  • California Family Code Section 4959
    A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if...
  • California Family Code Section 4960
    (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that...
  • California Family Code Section 4961
    A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant...
  • California Family Code Section 4962
    (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal...
  • California Family Code Section 4963
    Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with...
  • California Family Code Section 4964
    (a) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a...
  • California Family Code Section 4965
    (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law or...
  • California Family Code Section 4970
    (a) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this...
  • California Family Code Section 4971
    (a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for...
  • California Family Code Section 4975
    This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter...
  • California Family Code Section 4976
    If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...
  • California Family Code Section 4977
    (a) The order described in Section 4926 shall be issued upon application of a child, parent, guardian or other caretaker of a child, or party,...
  • California Family Code Section 4978
    A support enforcement agency that is providing services to a petitioner pursuant to Section 4921 shall do all of the following: (a) Inform the petitioner...
  • California Family Code Section 5000
    (a) When a petition or comparable pleading pursuant to this chapter is filed in a court of this state, the local child support agency or...
  • California Family Code Section 5001
    (a) If, prior to filing, a petition or comparable pleading pursuant to this chapter is received by the local child support agency or the superior...
  • California Family Code Section 5002
    (a) In an action pursuant to this chapter prosecuted by the local child support agency or the Attorney General that is initiated by service of...
  • California Family Code Section 5003
    The Judicial Council shall adopt court rules implementing the provisions of subdivision (f) of Section 4930 regarding hearings by telephone, audiovisual means, or other electronic...
  • California Family Code Section 5005
    When the Attorney General is satisfied that reciprocal provisions will be made by a foreign jurisdiction for the establishment of support orders for obligees in...
  • California Family Code Section 5100
    Notwithstanding Section 290, a child, family, or spousal support order may be enforced by a writ of execution or a notice of levy pursuant to...
  • California Family Code Section 5103
    (a) Notwithstanding Section 2060, an order for the payment of child, family, or spousal support may be enforced against an employee benefit plan regardless of...
  • California Family Code Section 5104
    (a) The application for a writ of execution shall be accompanied by an affidavit stating the total amount due and unpaid that is authorized to...
  • California Family Code Section 5200
    Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
  • California Family Code Section 5201
    "Arrearage" or "arrearages" is the amount necessary to satisfy a support judgment or order pursuant to Section 695.210 of the Code of Civil Procedure.
  • California Family Code Section 5202
    "Assignment order" has the same meaning as "earnings assignment order for support."
  • California Family Code Section 5204
    "Due date of support payments" is the date specifically stated in the order of support or, if no date is stated in the support order,...
  • California Family Code Section 5206
    "Earnings," to the extent that they are subject to an earnings assignment order for support under Chapter 4 (commencing with Section 703.010) of Division 2...
  • California Family Code Section 5208
    (a) "Earnings assignment order for support" means an order that assigns to an obligee a portion of the earnings of a support obligor due or...
  • California Family Code Section 5210
    "Employer" includes all of the following: (a) A person for whom an individual performs services as an employee, as defined in Section 706.011 of the...
  • California Family Code Section 5212
    "IV-D Case" means any case being established, modified, or enforced by the local child support agency pursuant to Section 654 of Title 42 of the...
  • California Family Code Section 5214
    "Obligee" or "assigned obligee" means either the person to whom support has been ordered to be paid, the local child support agency, or other person...
  • California Family Code Section 5216
    "Obligor" means a person owing a duty of support.
  • California Family Code Section 5220
    "Timely payment" means receipt of support payments by the obligee or assigned obligee within five days of the due date.
  • California Family Code Section 5230
    (a) When the court orders a party to pay an amount for support or orders a modification of the amount of support to be paid,...
  • California Family Code Section 5230.1
    (a) An earnings assignment or income withholding order for support issued by a court or administrative agency of another state is binding upon an employer...
  • California Family Code Section 5230.5
    Any obligee alleging arrearages in child support shall specify the amount thereof under penalty of perjury.
  • California Family Code Section 5231
    Unless stayed pursuant to Article 4 (commencing with Section 5260), an assignment order is effective and binding upon any existing or future employer of the...
  • California Family Code Section 5232
    Service on an employer of an assignment order may be made by first-class mail in the manner prescribed in Section 1013 of the Code of...
  • California Family Code Section 5233
    Unless the order states a later date, beginning as soon as possible after service of the order on the employer but not later than 10...
  • California Family Code Section 5234
    Within 10 days of service of an assignment order or an order/notice to withhold income for child support on an employer, the employer shall deliver...
  • California Family Code Section 5235
    (a) The employer shall continue to withhold and forward support as required by the assignment order until served with notice terminating the assignment order. If...
  • California Family Code Section 5236
    The state agency or the local agency, designated to enforce support obligations as required by federal law, shall allow employers to simplify the process of...
  • California Family Code Section 5237
    (a) Except as provided in subdivisions (b) and (c), the obligee shall notify the employer of the obligor, by first-class mail, postage prepaid, of any...
  • California Family Code Section 5238
    (a) Where an assignment order or assignment orders include both current support and payments towards the liquidation of arrearages, priority shall be given first to...
  • California Family Code Section 5239
    Arrearages of support payments shall be computed on the basis of the payments owed and unpaid on the date that the obligor has been given...
  • California Family Code Section 5240
    (a) Upon the filing and service of a motion and a notice of motion by the obligor, the court shall terminate the service of an...
  • California Family Code Section 5241
    (a) An employer who willfully fails to withhold and forward support pursuant to a currently valid assignment order entered and served upon the employer pursuant...
  • California Family Code Section 5242
    Service of the assignment order creates a lien on the earnings of the employee and the property of the employer to the same extent as...
  • California Family Code Section 5243
    An assignment order for support has priority as against any attachment, execution, or other assignment as specified in Section 706.031 of the Code of Civil
  • California Family Code Section 5244
    A reference to the local child support agency in this chapter applies only when the local child support agency is otherwise ordered or required to...
  • California Family Code Section 5245
    Nothing in this chapter limits the authority of the local child support agency to use any other civil and criminal remedies to enforce support obligations,...
  • California Family Code Section 5246
    (a) This section applies only to Title IV-D cases where support enforcement services are being provided by the local child support agency pursuant to Section...
  • California Family Code Section 5247
    Neither the local child support agency nor an employer shall be subject to any civil liability for any amount withheld and paid to the obligee,...
  • California Family Code Section 5250
    For a support order first issued or modified before July 1, 1990, this article provides a procedure for obtaining an earnings assignment order for support...
  • California Family Code Section 5251
    The obligee seeking issuance of an assignment order to enforce a support order described in Section 5250 may use the procedure set forth in this...
  • California Family Code Section 5252
    (a) An assignment order under this article may be issued only upon an application signed under penalty of perjury by the obligee that the obligor...
  • California Family Code Section 5253
    Upon receipt of the application, the court shall issue, without notice to the obligor, an assignment order requiring the employer of the obligor to pay...
  • California Family Code Section 5260
    (a) The court may order that service of the assignment order be stayed only if the court makes a finding of good cause or if...
  • California Family Code Section 5261
    (a) If service of the assignment order has been ordered stayed, the stay shall terminate pursuant to subdivision (b) upon the obligor's failure to make...
  • California Family Code Section 5270
    (a) An obligor may move to quash an assignment order on any of the following grounds: (1) The assignment order does not correctly state the...
  • California Family Code Section 5271
    (a) The motion and notice of motion to quash the assignment order shall be filed with the court issuing the order within 10 days after...
  • California Family Code Section 5272
    A finding of error in the amount of the current support or arrearage or that the amount exceeds federal or state limits is not grounds...
  • California Family Code Section 5280
    If the obligee making the application under this chapter also states that the whereabouts of the obligor or the identity of the obligor's employer is...
  • California Family Code Section 5281
    An assignment order required or authorized by this chapter shall include a requirement that the obligor notify the obligee of any change of employment and...
  • California Family Code Section 5282
    After the obligor has left employment with the employer, the employer, at the time the next payment is due on the assignment order, shall notify...
  • California Family Code Section 5290
    No employer shall use an assignment order authorized by this chapter as grounds for refusing to hire a person, or for discharging, taking disciplinary action...
  • California Family Code Section 5295
    The Judicial Council shall prescribe forms necessary to carry out the requirements of this chapter, including the following: (a) The written statement of the obligor's...
  • California Family Code Section 5600
    (a) A local child support agency or obligee may register an order for support or earnings withholding, or both, obtained in another county of the...
  • California Family Code Section 5601
    (a) When the local child support agency is responsible for the enforcement of a support order pursuant to Section 17400, the local child support agency...
  • California Family Code Section 5602
    (a) An obligee other than the local child support agency may register an order issued in this state using the same procedures specified in subdivision...
  • California Family Code Section 5603
    (a) An obligor shall have 20 days after the service of notice of the registration of a California order of support in which to file...
  • California Family Code Section 5604
    A previous determination of paternity made by another state, whether established through voluntary acknowledgment procedures in effect in that state or through an administrative or...
  • California Family Code Section 5610
    For the purposes of this chapter, "private child support collector" means any individual, corporation, attorney, nonprofit organization, or other nongovernmental entity who is engaged by...
  • California Family Code Section 5611
    (a) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing and written in...
  • California Family Code Section 5612
    (a) Each private child support collector: (1) That charges any initial fee, processing fee, application fee, filing fee, or other fee or assessment that must...
  • California Family Code Section 5613
    (a) An obligee shall have the right to cancel a contract with a private support collector under either of the following circumstances: (1) Within 15...
  • California Family Code Section 5614
    (a) A private child support collector shall do all of the following: (1) (A) Provide to an obligee all of the following information: (i) The...
  • California Family Code Section 5615
    (a) (1) A person may bring an action for actual damages incurred as a result of a violation of this chapter. (2) In addition to...
  • California Family Code Section 5616
    (a) Every court order for child support issued on or after January 1, 2010, and every child support agreement providing for the payment of child...
  • California Family Code Section 6200
    This division may be cited as the Domestic Violence Prevention Act.
  • California Family Code Section 6201
    Unless the provision or context otherwise requires, the definitions in this part govern the construction of this code.
  • California Family Code Section 6203
    For purposes of this act, "abuse" means any of the following: (a) Intentionally or recklessly to cause or attempt to cause bodily injury. (b) Sexual...
  • California Family Code Section 6205
    "Affinity," when applied to the marriage relation, signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives...
  • California Family Code Section 6209
    "Cohabitant" means a person who regularly resides in the household. "Former cohabitant" means a person who formerly regularly resided in the household.
  • California Family Code Section 6210
    "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations.
  • California Family Code Section 6211
    "Domestic violence" is abuse perpetrated against any of the following persons: (a) A spouse or former spouse. (b) A cohabitant or former cohabitant, as defined...
  • California Family Code Section 6215
    "Emergency protective order" means an order issued under Part 3 (commencing with Section 6240).
  • California Family Code Section 6218
    "Protective order" means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment:...
  • California Family Code Section 6219
    Subject to adequate, discretionary funding from a city or a county, the superior courts in San Diego County and in Santa Clara County may develop...
  • California Family Code Section 6220
    The purposes of this division are to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the...
  • California Family Code Section 6221
    (a) Unless the provision or context otherwise requires, this division applies to any order described in this division, whether the order is issued in a...
  • California Family Code Section 6222
    There is no filing fee for an application, a responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a...
  • California Family Code Section 6223
    A custody or visitation order issued in a proceeding brought pursuant to this division is subject to Part 2 (commencing with Section 3020) of Division...
  • California Family Code Section 6224
    An order described in this division shall state on its face the date of expiration of the order and the following statements in substantially the...
  • California Family Code Section 6225
    A petition for an order described in this division is valid and the order is enforceable without explicitly stating the address of the petitioner or...
  • California Family Code Section 6226
    The Judicial Council shall prescribe the form of the orders and any other documents required by this division and shall promulgate forms and instructions for...
  • California Family Code Section 6227
    The remedies provided in this division are in addition to any other civil or criminal remedies that may be available to the petitioner.
  • California Family Code Section 6228
    (a) State and local law enforcement agencies shall provide, without charging a fee, one copy of all domestic violence incident report face sheets, one copy...
  • California Family Code Section 6229
    A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without...
  • California Family Code Section 6240
    As used in this part: (a) "Judicial officer" means a judge, commissioner, or referee designated under Section 6241. (b) "Law enforcement officer" means one of...
  • California Family Code Section 6241
    The presiding judge of the superior court in each county shall designate at least one judge, commissioner, or referee to be reasonably available to issue...
  • California Family Code Section 6250
    A judicial officer may issue an ex parte emergency protective order where a law enforcement officer asserts reasonable grounds to believe any of the following:...
  • California Family Code Section 6250.3
    An emergency protective order is valid only if it is issued by a judicial officer after making the findings required by Section 6251 and pursuant...
  • California Family Code Section 6250.5
    A judicial officer may issue an ex parte emergency protective order to a peace officer defined in subdivisions (a) and (b) of Section 830.32 if...
  • California Family Code Section 6251
    An emergency protective order may be issued only if the judicial officer finds both of the following: (a) That reasonable grounds have been asserted to...
  • California Family Code Section 6252
    An emergency protective order may include any of the following specific orders, as appropriate: (a) A protective order, as defined in Section 6218. (b) An...
  • California Family Code Section 6252.5
    (a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain...
  • California Family Code Section 6253
    An emergency protective order shall include all of the following: (a) A statement of the grounds asserted for the order. (b) The date and time...
  • California Family Code Section 6254
    The fact that the endangered person has left the household to avoid abuse does not affect the availability of an emergency protective order.
  • California Family Code Section 6255
    An emergency protective order shall be issued without prejudice to any person.
  • California Family Code Section 6256
    An emergency protective order expires at the earlier of the following times: (a) The close of judicial business on the fifth court day following the...
  • California Family Code Section 6257
    If an emergency protective order concerns an endangered child, the child's parent or guardian who is not a restrained person, or a person having temporary...
  • California Family Code Section 6270
    A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it.
  • California Family Code Section 6271
    A law enforcement officer who requests an emergency protective order shall do all of the following: (a) Serve the order on the restrained person, if...
  • California Family Code Section 6272
    (a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order. (b) A law enforcement officer who acts in good...
  • California Family Code Section 6274
    A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section...
  • California Family Code Section 6275
    (a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an...
  • California Family Code Section 6300
    An order may be issued under this part, with or without notice, to restrain any person for the purpose of preventing a recurrence of domestic...
  • California Family Code Section 6301
    (a) An order under this part may be granted to any person described in Section 6211, including a minor pursuant to subdivision (b) of Section...
  • California Family Code Section 6302
    A notice of hearing under this part shall notify the respondent that if he or she does not attend the hearing, the court may make...
  • California Family Code Section 6303
    (a) It is the function of a support person to provide moral and emotional support for a person who alleges he or she is a...
  • California Family Code Section 6304
    When making a protective order, as defined in Section 6218, where both parties are present in court, the court shall inform both the petitioner and...
  • California Family Code Section 6305
    The court may not issue a mutual order enjoining the parties from specific acts of abuse described in Section 6320 (a) unless both parties personally...
  • California Family Code Section 6306
    (a) Prior to a hearing on the issuance or denial of an order under this part, the court shall ensure that a search is or...
  • California Family Code Section 6320
    (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but...
  • California Family Code Section 6320.5
    (a) An order denying a petition for an ex parte order pursuant to Section 6320 shall include the reasons for denying the petition. (b) An...
  • California Family Code Section 6321
    (a) The court may issue an ex parte order excluding a party from the family dwelling, the dwelling of the other party, the common dwelling...
  • California Family Code Section 6322
    The court may issue an ex parte order enjoining a party from specified behavior that the court determines is necessary to effectuate orders under Section...
  • California Family Code Section 6322.5
    Pursuant to Sections 4926 and 4977, the court may issue an ex parte order prohibiting disclosure of the address or other identifying information of a...
  • California Family Code Section 6322.7
    (a) The court shall order that any party enjoined pursuant to an order issued under this part be prohibited from taking any action to obtain...
  • California Family Code Section 6323
    (a) Subject to Section 3064: (1) The court may issue an ex parte order determining the temporary custody and visitation of a minor child on...
  • California Family Code Section 6324
    The court may issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the...
  • California Family Code Section 6325
    The court may issue an ex parte order restraining a married person from specified acts in relation to community, quasi-community, and separate property as provided...
  • California Family Code Section 6325.5
    (a) The court may issue an ex parte order restraining any party from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of...
  • California Family Code Section 6326
    An ex parte order under this article shall be issued or denied on the same day that the application is submitted to the court, unless...
  • California Family Code Section 6327
    Part 4 (commencing with Section 240) of Division 2 applies to the issuance of any ex parte order under this article, other than an order...
  • California Family Code Section 6340
    (a) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether...
  • California Family Code Section 6341
    (a) If the parties are married to each other and no other child support order exists or if there is a presumption under Section 7611...
  • California Family Code Section 6342
    (a) After notice and a hearing, the court may issue any of the following orders: (1) An order that restitution be paid to the petitioner...
  • California Family Code Section 6343
    (a) After notice and a hearing, the court may issue an order requiring the restrained party to participate in a batterer's program approved by the...
  • California Family Code Section 6344
    (a) After notice and a hearing, the court may issue an order for the payment of attorney's fees and costs of the prevailing party. (b)...
  • California Family Code Section 6345
    (a) In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a...
  • California Family Code Section 6346
    The court may make appropriate custody and visitation orders pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) after...
  • California Family Code Section 6360
    A judgment entered in a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, in a proceeding brought pursuant...
  • California Family Code Section 6361
    If an order is included in a judgment pursuant to this article, the judgment shall state on its face both of the following: (a) Which...
  • California Family Code Section 6380
    (a) Each county, with the approval of the Department of Justice, shall, by July 1, 1996, develop a procedure, using existing systems, for the electronic...
  • California Family Code Section 6381
    (a) Notwithstanding Section 6380 and subject to subdivision (b), an order issued under this part is enforceable in any place in this state. (b) An...
  • California Family Code Section 6382
    Each appropriate law enforcement agency shall make available to any law enforcement officer responding to the scene of reported domestic violence, through an existing system...
  • California Family Code Section 6383
    (a) A temporary restraining order or emergency protective order issued under this part shall, on request of the petitioner, be served on the respondent, whether...
  • California Family Code Section 6384
    (a) If a respondent named in an order issued under this part after a hearing has not been served personally with the order but has...
  • California Family Code Section 6385
    (a) Proof of service of the protective order is not required for the purposes of Section 6380 if the order indicates on its face that...
  • California Family Code Section 6386
    (a) The court may, in its discretion, appoint counsel to represent the petitioner in a proceeding to enforce the terms of a protective order, as...
  • California Family Code Section 6387
    The court shall order the clerk of the court to provide to a petitioner, without cost, up to three certified, stamped, and endorsed copies of...
  • California Family Code Section 6388
    A willful and knowing violation of a protective order, as defined in Section 6218, is a crime punishable as provided by Section 273.6 of the...
  • California Family Code Section 6389
    (a) A person subject to a protective order, as defined in Section 6218, shall not own, possess, purchase, or receive a firearm or ammunition while...
  • California Family Code Section 6400
    This part may be cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
  • California Family Code Section 6401
    In this part: (1) "Foreign protection order" means a protection order issued by a tribunal of another state. (2) "Issuing state" means the state whose...
  • California Family Code Section 6402
    (a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection...
  • California Family Code Section 6403
    (a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and...
  • California Family Code Section 6404
    (a) Any foreign protection order shall, upon request of the person in possession of the order, be registered with a court of this state in...
  • California Family Code Section 6405
    There shall be no civil liability on the part of, and no cause of action for false arrest or false imprisonment against, any peace officer...
  • California Family Code Section 6406
    A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.
  • California Family Code Section 6407
    In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter...
  • California Family Code Section 6408
    If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or...
  • California Family Code Section 6409
    This part applies to protection orders issued before January 1, 2002, and to continuing actions for enforcement of foreign protection orders commenced before January 1,...
  • California Family Code Section 6500
    A minor is an individual who is under 18 years of age. The period of minority is calculated from the first minute of the day...
  • California Family Code Section 6501
    An adult is an individual who is 18 years of age or older.
  • California Family Code Section 6502
    (a) The use of or reference to the words "age of majority," "age of minority," "adult," "minor," or words of similar intent in any instrument,...
  • California Family Code Section 6550
    (a) A caregiver's authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1...
  • California Family Code Section 6552
    The caregiver's authorization affidavit shall be in substantially the following form: Caregiver's Authorization Affidavit Use of this affidavit is authorized by Part 1.5 (commencing with...
  • California Family Code Section 6600
    A minor is civilly liable for a wrong done by the minor, but is not liable in exemplary damages unless at the time of the...
  • California Family Code Section 6601
    A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as an adult, except that a guardian...
  • California Family Code Section 6602
    A contract for attorney's fees for services in litigation, made by or on behalf of a minor, is void unless the contract is approved, on...
  • California Family Code Section 6700
    Except as provided in Section 6701, a minor may make a contract in the same manner as an adult, subject to the power of disaffirmance...
  • California Family Code Section 6701
    A minor cannot do any of the following: (a) Give a delegation of power. (b) Make a contract relating to real property or any interest...
  • California Family Code Section 6710
    Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards...
  • California Family Code Section 6711
    A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute.
  • California Family Code Section 6712
    A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into...
  • California Family Code Section 6713
    If, before the contract of a minor is disaffirmed, goods the minor has sold are transferred to another purchaser who bought them in good faith...
  • California Family Code Section 6750
    (a) This chapter applies to the following contracts entered into between an unemancipated minor and any third party or parties on or after January 1,...
  • California Family Code Section 6751
    (a) A contract, otherwise valid, of a type described in Section 6750, entered into during minority, cannot be disaffirmed on that ground either during the...
  • California Family Code Section 6752
    (a) A parent or guardian entitled to the physical custody, care, and control of a minor who enters into a contract of a type described...
  • California Family Code Section 6753
    (a) The trustee or trustees shall establish a trust account, that shall be known as a Coogan Trust Account, pursuant to this section at a...
  • California Family Code Section 6900
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
  • California Family Code Section 6901
    "Dental care" means X-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care by a dentist licensed under the Dental Practice Act.
  • California Family Code Section 6902
    "Medical care" means X-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care under the general or special supervision and upon the advice...
  • California Family Code Section 6903
    "Parent or guardian" means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a
  • California Family Code Section 6910
    The parent, guardian, or caregiver of a minor who is a relative of the minor and who may authorize medical care and dental care under...
  • California Family Code Section 6911
    (a) Upon application by a minor, the court may summarily grant consent for medical care or dental care or both for the minor if the...
  • California Family Code Section 6920
    Subject to the limitations provided in this chapter, notwithstanding any other provision of law, a minor may consent to the matters provided in this chapter,...
  • California Family Code Section 6921
    A consent given by a minor under this chapter is not subject to disaffirmance because of minority.
  • California Family Code Section 6922
    (a) A minor may consent to the minor's medical care or dental care if all of the following conditions are satisfied: (1) The minor is...
  • California Family Code Section 6924
    (a) As used in this section: (1) "Mental health treatment or counseling services" means the provision of mental health treatment or counseling on an outpatient...
  • California Family Code Section 6925
    (a) A minor may consent to medical care related to the prevention or treatment of pregnancy. (b) This section does not authorize a minor: (1)...
  • California Family Code Section 6926
    (a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease...
  • California Family Code Section 6927
    A minor who is 12 years of age or older and who is alleged to have been raped may consent to medical care related to...
  • California Family Code Section 6928
    (a) "Sexually assaulted" as used in this section includes, but is not limited to, conduct coming within Section 261, 286, or 288a of the Penal...
  • California Family Code Section 6929
    (a) As used in this section: (1) "Counseling" means the provision of counseling services by a provider under a contract with the state or a...
  • California Family Code Section 6950
    (a) Upon application by a minor, the court may summarily grant consent for enlistment by the minor in the armed forces of the United States...
  • California Family Code Section 7000
    This part may be cited as the Emancipation of Minors Law.
  • California Family Code Section 7001
    It is the purpose of this part to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain...
  • California Family Code Section 7002
    A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: (a) The person has entered...
  • California Family Code Section 7050
    An emancipated minor shall be considered as being an adult for the following purposes: (a) The minor's right to support by the minor's parents. (b)...
  • California Family Code Section 7051
    An insurance contract entered into by an emancipated minor has the same effect as if it were entered into by an adult and, with respect...
  • California Family Code Section 7052
    With respect to shares of stock in a domestic or foreign corporation held by an emancipated minor, a membership in a nonprofit corporation held by...
  • California Family Code Section 7110
    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...
  • California Family Code Section 7111
    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...
  • California Family Code Section 7120
    (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....
  • California Family Code Section 7121
    (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,...
  • California Family Code Section 7122
    (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...
  • California Family Code Section 7123
    (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...
  • California Family Code Section 7130
    (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...
  • California Family Code Section 7131
    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...
  • California Family Code Section 7132
    (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...
  • California Family Code Section 7133
    (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...
  • California Family Code Section 7134
    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...
  • California Family Code Section 7135
    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...
  • California Family Code Section 7140
    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,...
  • California Family Code Section 7141
    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...
  • California Family Code Section 7142
    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...
  • California Family Code Section 7143
    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...
  • California Family Code Section 7500
    (a) The mother of an unemancipated minor child, and the father, if presumed to be the father under Section 7611, are equally entitled to the...
  • California Family Code Section 7501
    (a) A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of...
  • California Family Code Section 7502
    The parent, as such, has no control over the property of the child.
  • California Family Code Section 7503
    The employer of a minor shall pay the earnings of the minor to the minor until the parent or guardian entitled to the earnings gives...
  • California Family Code Section 7504
    The parent, whether solvent or insolvent, may relinquish to the child the right of controlling the child and receiving the child' s earnings. Abandonment by...
  • California Family Code Section 7505
    The authority of a parent ceases on any of the following: (a) The appointment, by a court, of a guardian of the person of the...
  • California Family Code Section 7506
    Where a child, after attaining the age of majority, continues to serve and to be supported by the parent, neither party is entitled to compensation,...
  • California Family Code Section 7507
    The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child's relative within...
  • California Family Code Section 7540
    Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to...
  • California Family Code Section 7541
    (a) Notwithstanding Section 7540, if the court finds that the conclusions of all the experts, as disclosed by the evidence based on blood tests performed...
  • California Family Code Section 7550
    This chapter may be cited as the Uniform Act on Blood Tests to Determine Paternity.
  • California Family Code Section 7551
    In a civil action or proceeding in which paternity is a relevant fact, the court may upon its own initiative or upon suggestion made by...
  • California Family Code Section 7551.5
    All hospitals, local child support agencies, welfare offices, and family courts shall facilitate genetic tests for purposes of enforcement of this chapter. This may include...
  • California Family Code Section 7552
    The genetic tests shall be performed by a laboratory approved by any accreditation body that has been approved by the United States Secretary of Health...
  • California Family Code Section 7552.5
    (a) A copy of the results of all genetic tests performed under Section 7552 or 7558 shall be served upon all parties, by any method...
  • California Family Code Section 7553
    (a) The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court...
  • California Family Code Section 7554
    (a) If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged...
  • California Family Code Section 7555
    (a) There is a rebuttable presumption, affecting the burden of proof, of paternity, if the court finds that the paternity index, as calculated by the...
  • California Family Code Section 7556
    This part applies to criminal actions subject to the following limitations and provisions: (a) An order for the tests shall be made only upon application...
  • California Family Code Section 7557
    Nothing in this part prevents a party to an action or proceeding from producing other expert evidence on the matter covered by this part; but,...
  • California Family Code Section 7558
    (a) This section applies only to cases where support enforcement services are being provided by the local child support agency pursuant to Section 17400. (b)...
  • California Family Code Section 7570
    The Legislature hereby finds and declares as follows: (a) There is a compelling state interest in establishing paternity for all children. Establishing paternity is the...
  • California Family Code Section 7571
    (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother leaving any hospital, the person responsible...
  • California Family Code Section 7572
    (a) The Department of Child Support Services, in consultation with the State Department of Health Care Services, the California Association of Hospitals and Health Systems,...
  • California Family Code Section 7573
    Except as provided in Sections 7575, 7576, 7577, and 7612, a completed voluntary declaration of paternity, as described in Section 7574, that has been filed...
  • California Family Code Section 7574
    (a) The voluntary declaration of paternity shall be executed on a form developed by the Department of Child Support Services in consultation with the State...
  • California Family Code Section 7575
    (a) Either parent may rescind the voluntary declaration of paternity by filing a rescission form with the Department of Child Support Services within 60 days...
  • California Family Code Section 7576
    The following provisions shall apply for voluntary declarations signed on or before December 31, 1996. (a) Except as provided in subdivision (d), the child of...
  • California Family Code Section 7577
    (a) Notwithstanding Section 7573, a voluntary declaration of paternity that is signed by a minor parent or minor parents shall not establish paternity until 60...
  • California Family Code Section 7600
    This part may be cited as the Uniform Parentage Act.
  • California Family Code Section 7601
    (a) "Natural parent" as used in this code means a nonadoptive parent established under this part, whether biologically related to the child or not. (b)...
  • California Family Code Section 7602
    The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
  • California Family Code Section 7603
    Section 3140 is applicable to proceedings pursuant to this part.
  • California Family Code Section 7604
    A court may order pendente lite relief consisting of a custody or visitation order pursuant to Part 2 (commencing with Section 3020) of Division 8,...
  • California Family Code Section 7604.5
    Notwithstanding any other provision of law, bills for pregnancy, childbirth, and genetic testing shall be admissible as evidence without third-party foundation testimony and shall constitute...
  • California Family Code Section 7605
    (a) In any proceeding to establish physical or legal custody of a child or a visitation order under this part, and in any proceeding subsequent...
  • California Family Code Section 7606
    As used in this part, the following definitions shall apply: (a) "Assisted reproduction" means conception by any means other than sexual intercourse. (b) "Assisted reproduction...
  • California Family Code Section 7610
    The parent and child relationship may be established as follows: (a) Between a child and the natural parent, it may be established by proof of...
  • California Family Code Section 7611
    A person is presumed to be the natural parent of a child if the person meets the conditions provided in Chapter 1 (commencing with Section...
  • California Family Code Section 7611.5
    Where Section 7611 does not apply, a man shall not be presumed to be the natural father of a child if either of the following...
  • California Family Code Section 7612
    (a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102,...
  • California Family Code Section 7613
    (a) If, under the supervision of a licensed physician and surgeon and with the consent of her spouse, a woman conceives through assisted reproduction with...
  • California Family Code Section 7614
    (a) A promise in writing to furnish support for a child, growing out of a presumed parent or alleged father and child relationship, does not...
  • California Family Code Section 7620
    (a) A person who has sexual intercourse or causes conception with the intent to become a legal parent by assisted reproduction in this state thereby...
  • California Family Code Section 7630
    (a) A child, the child's natural parent, a person presumed to be the child's parent under subdivision (a), (b), or (c) of Section 7611, an...
  • California Family Code Section 7632
    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...
  • California Family Code Section 7633
    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...
  • California Family Code Section 7634
    (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...
  • California Family Code Section 7635
    (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...
  • California Family Code Section 7635.5
    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...
  • California Family Code Section 7636
    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...
  • California Family Code Section 7637
    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...
  • California Family Code Section 7638
    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...
  • California Family Code Section 7639
    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...
  • California Family Code Section 7640
    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...
  • California Family Code Section 7641
    (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...
  • California Family Code Section 7642
    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...
  • California Family Code Section 7643
    (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...
  • California Family Code Section 7644
    (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...
  • California Family Code Section 7645
    For purposes of this article, the following definitions shall apply: (a) "Child" means the child of a previously established father, as determined by the superior...
  • California Family Code Section 7646
    (a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother...
  • California Family Code Section 7647
    (a) A court may grant a motion to set aside or vacate a judgment establishing paternity only if all of the following conditions are met:...
  • California Family Code Section 7647.5
    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
  • California Family Code Section 7647.7
    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...
  • California Family Code Section 7648
    If the court finds that the conclusions of all of the experts, based upon the results of genetic tests performed pursuant to Chapter 2 (commencing...
  • California Family Code Section 7648.1
    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...
  • California Family Code Section 7648.2
    (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)...
  • California Family Code Section 7648.3
    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:...
  • California Family Code Section 7648.4
    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...
  • California Family Code Section 7648.8
    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
  • California Family Code Section 7648.9
    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...
  • California Family Code Section 7649
    Nothing in this article shall limit the rights and remedies available under any other provision of law with regard to setting aside or vacating a...
  • California Family Code Section 7649.5
    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,...
  • California Family Code Section 7650
    (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...
  • California Family Code Section 7660
    If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed...
  • California Family Code Section 7660.5
    Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by...
  • California Family Code Section 7661
    If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall...
  • California Family Code Section 7662
    (a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a...
  • California Family Code Section 7663
    (a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any...
  • California Family Code Section 7664
    (a) If, after the inquiry, the biological father is identified to the satisfaction of the court, or if more than one man is identified as...
  • California Family Code Section 7665
    If, after the inquiry, the court is unable to identify the biological father or any possible biological father and no person has appeared claiming to...
  • California Family Code Section 7666
    (a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the biological father or a possible...
  • California Family Code Section 7667
    (a) Notwithstanding any other provision of law, an action to terminate the parental rights of an alleged father of a child as specified in this...
  • California Family Code Section 7668
    (a) The court may continue the proceedings for not more than 30 days as necessary to appoint counsel and to enable counsel to prepare for...
  • California Family Code Section 7669
    (a) An order requiring or dispensing with an alleged father's consent for the adoption of a child may be appealed from in the same manner...
  • California Family Code Section 7670
    There shall be no filing fee charged for a petition filed pursuant to Section 7662.
  • California Family Code Section 7700
    In addition to the contents required by Section 412.20 of the Code of Civil Procedure, in a proceeding under this part the summons shall contain...
  • California Family Code Section 7710
    During the pendency of a proceeding under this part, on application of a party in the manner provided by Part 4 (commencing with Section 240)...
  • California Family Code Section 7720
    (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...
  • California Family Code Section 7730
    A judgment entered in a proceeding under this part may include a protective order as defined in Section 6218 and any other restraining order as...
  • California Family Code Section 7800
    The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive...
  • California Family Code Section 7801
    This part shall be liberally construed to serve and protect the interests and welfare of the child.
  • California Family Code Section 7802
    A proceeding may be brought under this part for the purpose of having a minor child declared free from the custody and control of either...
  • California Family Code Section 7803
    A declaration of freedom from parental custody and control pursuant to this part terminates all parental rights and responsibilities with regard to the child.
  • California Family Code Section 7804
    In a proceeding under this part, the court may appoint a suitable party to act in behalf of the child and may order such further...
  • California Family Code Section 7805
    (a) A petition filed in a proceeding under this part, or a report of the probation officer or county department designated by the board of...
  • California Family Code Section 7806
    There shall be no filing fee charged for a proceeding brought under this part.
  • California Family Code Section 7807
    (a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (b) All proceedings affecting a child...
  • California Family Code Section 7808
    This part does not apply to a minor adjudged a dependent child of the juvenile court pursuant to subdivision (c) of Section 360 of the...
  • California Family Code Section 7820
    A proceeding may be brought under this part for the purpose of having a child under the age of 18 years declared free from the...
  • California Family Code Section 7821
    A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided.
  • California Family Code Section 7822
    (a) A proceeding under this part may be brought if any of the following occur: (1) The child has been left without provision for the...
  • California Family Code Section 7823
    (a) A proceeding under this part may be brought where all of the following requirements are satisfied: (1) The child has been neglected or cruelly...
  • California Family Code Section 7824
    (a) "Disability" as used in this section means any physical or mental incapacity which renders the parent or parents unable to care for and control...
  • California Family Code Section 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...
  • California Family Code Section 7826
    A proceeding under this part may be brought where both of the following requirements are satisfied: (a) The child is one whose parent or parents...
  • California Family Code Section 7827
    (a) "Mentally disabled" as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or...
  • California Family Code Section 7840
    (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...
  • California Family Code Section 7841
    (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...
  • California Family Code Section 7845
    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)...
  • California Family Code Section 7850
    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...
  • California Family Code Section 7851
    (a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, or the county department shall render to the...
  • California Family Code Section 7851.5
    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...
  • California Family Code Section 7852
    "Qualified court investigator," as used in this article, has the meaning provided by Section 8543.
  • California Family Code Section 7860
    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...
  • California Family Code Section 7861
    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...
  • California Family Code Section 7862
    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...
  • California Family Code Section 7863
    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....
  • California Family Code Section 7864
    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...
  • California Family Code Section 7870
    (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...
  • California Family Code Section 7871
    (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...
  • California Family Code Section 7880
    (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...
  • California Family Code Section 7881
    (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...
  • California Family Code Section 7882
    (a) If the father or mother of the child or a person alleged to be or claiming to be the father or mother cannot, with...
  • California Family Code Section 7883
    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...
  • California Family Code Section 7884
    (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...
  • California Family Code Section 7890
    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...
  • California Family Code Section 7891
    (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,...
  • California Family Code Section 7892
    (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...
  • California Family Code Section 7892.5
    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...
  • California Family Code Section 7893
    (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...
  • California Family Code Section 7894
    (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...
  • California Family Code Section 7895
    (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...
  • California Family Code Section 7900
    The Interstate Compact on Placement of Children as set forth in Section 7901 is hereby adopted and entered into with all other jurisdictions joining therein.
  • California Family Code Section 7901
    The provisions of the interstate compact referred to in Section 7900 are as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Article 1. Purpose and...
  • California Family Code Section 7901.1
    (a) Within 60 days of receipt of a request from another state to conduct a study of a home environment for purposes of assessing the...
  • California Family Code Section 7902
    Financial responsibility for a child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article 5 of...
  • California Family Code Section 7903
    The phrase "appropriate public authorities" as used in Article 3 of the Interstate Compact on the Placement of Children means, with reference to this state,...
  • California Family Code Section 7904
    The phrase "appropriate authority in receiving state" as used in paragraph (a) of Article 5 of the Interstate Compact on the Placement of Children, with...
  • California Family Code Section 7905
    The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers...
  • California Family Code Section 7906
    Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the law of...
  • California Family Code Section 7906.5
    (a) Within 60 days after an officer or agency of this state, or its political subdivision, receives a request from another state to conduct a...
  • California Family Code Section 7907
    No provision of law restricting out-of-state placement of children for adoption shall apply to placements made pursuant to the Interstate Compact on the Placement of
  • California Family Code Section 7907.3
    The Interstate Compact on the Placement of Children shall not apply to any placement, sending, or bringing of an Indian child into another state pursuant...
  • California Family Code Section 7907.5
    (a) A child who is born in this state and placed for adoption in this state with a resident of this state is not subject...
  • California Family Code Section 7908
    A court having jurisdiction to place delinquent children may place a delinquent child in an institution in another state pursuant to Article 6 of the...
  • California Family Code Section 7908.5
    For the purposes of an interstate adoption placement, the term "jurisdiction" as used in Article 5 of the Interstate Compact on the Placement of Children...
  • California Family Code Section 7909
    "Executive head" as used in Article 7 of the Interstate Compact on the Placement of Children means the Governor. The Governor shall appoint a compact...
  • California Family Code Section 7910
    Approval of an interstate placement of a child for adoption shall not be granted by the compact administrator if the placement is in violation of...
  • California Family Code Section 7911
    The Legislature finds and declares all of the following: (a) The health and safety of California children placed by a county social services agency or...
  • California Family Code Section 7911.1
    (a) Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children...
  • California Family Code Section 7912
    (a) The Legislature finds and declares that the health and safety of children in out-of-state group home care pursuant to the Interstate Compact on the...
  • California Family Code Section 7913
    (a) When a full service licensed private adoption agency has provided adoption-related services to a birth parent or prospective adoptive parent, that agency is delegated...
  • California Family Code Section 7950
    (a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement...
  • California Family Code Section 7951
    This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed...
  • California Family Code Section 7952
    A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to...
  • California Family Code Section 7960
    For purposes of this part, the following terms have the following meanings: (a) "Assisted reproduction agreement" has the same meaning as defined in subdivision (b)...
  • California Family Code Section 7961
    (a) A nonattorney surrogacy facilitator shall direct the client to deposit all client funds into either of the following: (1) An independent, bonded escrow depository...
  • California Family Code Section 7962
    (a) An assisted reproduction agreement for gestational carriers shall contain, but shall not be limited to, all of the following information: (1) The date on...
  • California Family Code Section 8500
    Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.
  • California Family Code Section 8502
    (a) "Adoption service provider" means any of the following: (1) A licensed private adoption agency. (2) An individual who has presented satisfactory evidence to the...
  • California Family Code Section 8503
    "Adoptive parent" means a person who has obtained an order of adoption of a minor child or, in the case of an adult adoption, an
  • California Family Code Section 8506
    "Agency adoption" means the adoption of a minor, other than an intercountry adoption, in which the department, county adoption agency, or licensed adoption agency is...
  • California Family Code Section 8509
    "Applicant" means a person who has submitted a written application to adopt a child from the department, county adoption agency, or licensed adoption agency and...
  • California Family Code Section 8512
    "Birth parent" means the biological parent or, in the case of a person previously adopted, the adoptive parent.
  • California Family Code Section 8513
    "County adoption agency" means an adoption agency operated by a county or consortium of counties.
  • California Family Code Section 8514
    "Days" means calendar days, unless otherwise specified.
  • California Family Code Section 8515
    "Delegated county adoption agency" means a county adoption agency that has agreed to provide the services described in Chapter 3 (commencing with Section 8800) of...
  • California Family Code Section 8518
    "Department" means the State Department of Social Services.
  • California Family Code Section 8521
    (a) "Full-service adoption agency" means a licensed or authorized entity engaged in the business of providing adoption services, that does all of the following: (1)...
  • California Family Code Section 8524
    "Independent adoption" means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party...
  • California Family Code Section 8527
    "Intercountry adoption" means the adoption of a foreign-born child for whom federal law makes a special immigration visa available. Intercountry adoption includes completion of the...
  • California Family Code Section 8530
    "Licensed adoption agency" means an agency licensed by the department to provide adoption services.
  • California Family Code Section 8533
    (a) "Noncustodial adoption agency" means any licensed entity engaged in the business of providing adoption services, which does all of the following: (1) Assesses the...
  • California Family Code Section 8539
    "Place for adoption" means, in the case of an independent adoption, the selection of a prospective adoptive parent or parents for a child by the...
  • California Family Code Section 8542
    "Prospective adoptive parent" means a person who has filed or intends to file a petition under Part 2 (commencing with Section 8600) to adopt a...
  • California Family Code Section 8543
    "Qualified court investigator" means a superior court investigator with the same minimum qualifications as a probation officer or county welfare worker designated to conduct stepparent...
  • California Family Code Section 8545
    "Special needs child" means a child for whom all of the following are true: (a) It has been determined that the child cannot or should...
  • California Family Code Section 8548
    "Stepparent adoption" means an adoption of a child by a stepparent where one birth parent retains custody and control of the child.
  • California Family Code Section 8600
    An unmarried minor may be adopted by an adult as provided in this part.
  • California Family Code Section 8600.5
    Tribal customary adoption as defined in Section 366.24 of the Welfare and Institutions Code and as applied to Indian Children who are dependents of the...
  • California Family Code Section 8601
    (a) Except as otherwise provided in subdivision (b), a prospective adoptive parent or parents shall be at least 10 years older than the child. (b)...
  • California Family Code Section 8601.5
    (a) A court may issue an order of adoption and declare that it shall be entered nunc pro tunc when it will serve public policy...
  • California Family Code Section 8602
    The consent of a child, if over the age of 12 years, is necessary to the child's adoption.
  • California Family Code Section 8603
    A married person, not lawfully separated from the person's spouse, may not adopt a child without the consent of the spouse, provided that the spouse...
  • California Family Code Section 8604
    (a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 may not be adopted without the consent of the...
  • California Family Code Section 8605
    A child not having a presumed father under Section 7611 may not be adopted without the consent of the child's mother, if living.
  • California Family Code Section 8606
    Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases: (a) Where the birth parent has been...
  • California Family Code Section 8606.5
    (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et...
  • California Family Code Section 8607
    All forms adopted by the department authorizing the release of an infant from a health facility to the custody of persons other than the person...
  • California Family Code Section 8608
    (a) The department shall adopt regulations specifying the form and content of the reports required by Sections 8706, 8817, and 8909. In addition to any...
  • California Family Code Section 8609
    (a) Any person or organization that, without holding a valid and unrevoked license to place children for adoption issued by the department, advertises in any...
  • California Family Code Section 8609.5
    An adoption request for the adoption of a nondependent minor may be filed with the court in the county in which one of the following...
  • California Family Code Section 8610
    (a) The petitioners in a proceeding for adoption of a child shall file with the court a full accounting report of all disbursements of anything...
  • California Family Code Section 8611
    All court hearings in an adoption proceeding shall be held in private, and the court shall exclude all persons except the officers of the court,...
  • California Family Code Section 8612
    (a) The court shall examine all persons appearing before it pursuant to this part. The examination of each person shall be conducted separately but within...
  • California Family Code Section 8613
    (a) If the prospective adoptive parent is commissioned or enlisted in the military service, or auxiliary thereof, of the United States, or of any of...
  • California Family Code Section 8613.5
    (a) (1) If it is impossible or impracticable for either prospective adoptive parent to make an appearance in person, and the circumstances are established by...
  • California Family Code Section 8613.7
    On and after January 1, 2014, the court shall provide to any petitioner for adoption pursuant to this part a notice informing him or her...
  • California Family Code Section 8614
    Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states...
  • California Family Code Section 8615
    (a) Notwithstanding any other law, an action may be brought in the county in which the petitioner resides for the purpose of obtaining for a...
  • California Family Code Section 8616
    After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the...
  • California Family Code Section 8616.5
    (a) The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent...
  • California Family Code Section 8617
    (a) Except as provided in subdivision (b), the existing parent or parents of an adopted child are, from the time of the adoption, relieved of...
  • California Family Code Section 8618
    A child adopted pursuant to this part may take the family name of the adoptive parent.
  • California Family Code Section 8619
    The department shall adopt rules and regulations it determines are reasonably necessary to ensure that the birth parent or parents of Indian ancestry, seeking to...
  • California Family Code Section 8619.5
    Whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parent voluntary consents to termination of...
  • California Family Code Section 8620
    (a) (1) If a parent is seeking to relinquish a child pursuant to Section 8700 or execute an adoption placement agreement pursuant to Section 8801.3,...
  • California Family Code Section 8621
    The department shall adopt regulations regarding the provision of adoption services by the department, county adoption agencies, licensed adoption agencies, and other adoption service providers,...
  • California Family Code Section 8622
    A licensed private adoption agency whose services are limited to a particular target population shall inform all birth parents and prospective adoptive parents of its...
  • California Family Code Section 8623
    A person or organization is an adoption facilitator if the person or organization is not licensed as an adoption agency by the State of California...
  • California Family Code Section 8624
    Any advertising by an adoption facilitator shall: (a) Identify the name of the party placing the advertisement and shall state that the party is an...
  • California Family Code Section 8625
    An adoption facilitator shall not: (a) Mislead any person into believing, or imply by any document, including any form of advertising or by oral communications,...
  • California Family Code Section 8626
    An adoption facilitator shall disclose in the first oral communication in which there is a description of services, that the facilitator is not a licensed...
  • California Family Code Section 8627
    If the facilitator is acting on behalf of more than one party, all of the parties on whose behalf the facilitator is acting shall have...
  • California Family Code Section 8628
    An adoption facilitator shall report in writing to the prospective adoptive parents all information that is provided to the facilitator by the birthparents concerning a...
  • California Family Code Section 8629
    For a period of 72 hours after signing a contract or after the payment of any fee, the birthparents or the prospective adoptive parents may...
  • California Family Code Section 8630
    The amount of fees paid to an adoption facilitator and any fees or expenses an adoption facilitator pays to a third party shall be reported...
  • California Family Code Section 8631
    All contracts entered into by an adoption facilitator shall be in writing and, at a minimum, shall include the following: (a) A statement that the...
  • California Family Code Section 8632
    The adoption facilitator shall also explain the terms of the written contract verbally to the prospective adoptive parents and the birthparents.
  • California Family Code Section 8632.5
    (a) The department shall establish and adopt regulations for a statewide registration and enforcement process for adoption facilitators. The department shall also establish and adopt...
  • California Family Code Section 8633
    Any person or entity that violates this chapter is subject to a civil penalty of one thousand dollars ($1,000) or the amount of the contract...
  • California Family Code Section 8634
    Any contract entered into pursuant to this chapter is subject to the rules and remedies relating to contracts generally.
  • California Family Code Section 8636
    (a) Prior to engaging in the business of, or acting in the capacity of, an adoption facilitator, any person shall (1) obtain a business license...
  • California Family Code Section 8637
    Notwithstanding the provisions of this chapter, an attorney who provides services specified in Section 8623 related to facilitating an adoption shall be subject only to...
  • California Family Code Section 8638
    (a) Any person aggrieved by any violation of this chapter may bring a civil action for damages, rescission, injunctive relief, or any other civil or...
  • California Family Code Section 8639
    (a) Notwithstanding any other provision of this chapter, any adoption facilitator who operates without having met the requirements established in Section 8632.5 for inclusion into...
  • California Family Code Section 8700
    (a) Either birth parent may relinquish a child to the department, county adoption agency, or licensed adoption agency for adoption by a written statement signed...
  • California Family Code Section 8700.5
    (a) A relinquishing birth parent may elect to sign a waiver of the right to revoke relinquishment in the presence of any of the following:...
  • California Family Code Section 8701
    At or before the time a relinquishment is signed, the department, county adoption agency, or licensed adoption agency shall advise the birth parent signing the...
  • California Family Code Section 8702
    (a) The department shall adopt a statement to be presented to the birth parents at the time a relinquishment is signed and to prospective adoptive...
  • California Family Code Section 8703
    When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or...
  • California Family Code Section 8704
    (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of...
  • California Family Code Section 8704.5
    (a) A foster care license or certification shall not be required for placement of a nondependent child who is relinquished for adoption to a licensed...
  • California Family Code Section 8705
    (a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent...
  • California Family Code Section 8706
    (a) An agency may not place a child for adoption unless a written report on the child's medical background and, if available, the medical background...
  • California Family Code Section 8707
    (a) The department shall establish a statewide photo-listing service to serve all county adoption agencies and licensed adoption agencies in the state as a means...
  • California Family Code Section 8708
    (a) The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any...
  • California Family Code Section 8709
    (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of...
  • California Family Code Section 8710
    (a) If a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency shall first consider adoptive placement in the...
  • California Family Code Section 8710.1
    If there is not an adoptive placement plan for a child with an approved adoptive family, as defined in subdivision (c) of Section 8708, within...
  • California Family Code Section 8710.2
    In order to preclude the delays or denials described in subdivision (c) of Section 8708, the department shall establish a statewide exchange system that interjurisdictionally...
  • California Family Code Section 8710.3
    If the department, county adoption agency, or licensed adoption agency has approved a family for adoption pursuant to subdivision (c) of Section 8708 and that...
  • California Family Code Section 8710.4
    (a) The department shall ensure that information regarding families and children registered with the statewide exchange system described in Section 8710.2 is accessible by licensed...
  • California Family Code Section 8711
    Sections 8708 to 8710.4, inclusive, apply only in determining the placement of a child who has been relinquished for adoption or has been declared free...
  • California Family Code Section 8711.5
    The department shall adopt regulations to administer the provisions of Sections 8708 to 8711, inclusive.
  • California Family Code Section 8712
    (a) The department, county adoption agency, or licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure...
  • California Family Code Section 8713
    (a) In no event may a child who has been freed for adoption be removed from the county in which the child was placed, by...
  • California Family Code Section 8714
    (a) A person desiring to adopt a child may for that purpose file an adoption request in a county authorized by Section 8609.5. If a...
  • California Family Code Section 8714.5
    (a) The Legislature finds and declares the following: (1) It is the intent of the Legislature to expedite legal permanency for children who cannot return...
  • California Family Code Section 8715
    (a) The department, county adoption agency, or licensed adoption agency, whichever is a party to, or joins in, the petition, shall submit a full report...
  • California Family Code Section 8716
    Where a petition is filed for the adoption of a child who has been placed for adoption by a county adoption agency, licensed county adoption...
  • California Family Code Section 8717
    When any report or findings are submitted to the court by the department, county adoption agency, or licensed adoption agency, a copy of the report...
  • California Family Code Section 8718
    The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
  • California Family Code Section 8719
    If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento of...
  • California Family Code Section 8720
    (a) If the department, county adoption agency, or licensed adoption agency finds that the home of the petitioners is not suitable for the child or...
  • California Family Code Section 8730
    (a) Subject to the requirements of subdivision (b), the department, county adoption agency, or licensed adoption agency has the discretion to provide an abbreviated home...
  • California Family Code Section 8731
    If the prospective adoptive parent of a child is a foster parent, the assessment or home study described in Section 8730 shall not be initiated...
  • California Family Code Section 8732
    A report of a medical examination of the foster parent with whom the child has lived for a minimum of six months or the relative...
  • California Family Code Section 8733
    The department, county adoption agency, or licensed adoption agency shall require the adoptive parent to be provided with information related to the specific needs of...
  • California Family Code Section 8734
    The department shall encourage adoption agencies to make adoption training programs available to prospective adoptive families.
  • California Family Code Section 8735
    The department shall adopt regulations requiring county adoption agencies and licensed adoption agencies to inform the agency responsible for the foster care placement when a...
  • California Family Code Section 8736
    The requirements of this chapter shall not be used as basis for removing a child who has been placed with a relative caregiver or foster...
  • California Family Code Section 8800
    (a) The Legislature finds and declares that an attorney's ability to effectively represent his or her client may be seriously impaired when conflict of interest...
  • California Family Code Section 8801
    (a) The selection of a prospective adoptive parent or parents shall be personally made by the child's birth parent or parents and may not be...
  • California Family Code Section 8801.3
    A child shall not be considered to have been placed for adoption unless each of the following is true: (a) Each birth parent placing the...
  • California Family Code Section 8801.5
    (a) Each birth parent placing a child for adoption shall be advised of his or her rights by an adoption service provider. (b) The birth...
  • California Family Code Section 8801.7
    (a) An adoption service provider shall also witness the signature of the adoption placement agreement and offer to interview the birth parent after the placement...
  • California Family Code Section 8802
    (a) (1) Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized...
  • California Family Code Section 8803
    (a) During the pendency of an adoption proceeding: (1) The child proposed to be adopted may not be concealed within the county in which the...
  • California Family Code Section 8804
    (a) Whenever the petitioners move to withdraw the petition for the adoption or to dismiss the proceeding, the clerk of the court in which the...
  • California Family Code Section 8805
    At the hearing, if the court sustains the recommendation of the department or delegated county adoption agency that the child be removed from the home...
  • California Family Code Section 8806
    The department or delegated county adoption agency shall accept the consent of the birth parents to the adoption of the child by the petitioners and,...
  • California Family Code Section 8807
    (a) Except as provided in subdivisions (b) and (c), within 180 days after receiving 50 percent of the fee, the department or delegated county adoption...
  • California Family Code Section 8808
    (a) The department or delegated county adoption agency shall interview the petitioners within 45 working days, excluding legal holidays, after the filing of the adoption...
  • California Family Code Section 8810
    (a) Except as otherwise provided in this section, whenever a petition is filed under this chapter for the adoption of a child, the petitioner shall...
  • California Family Code Section 8811
    (a) The department or delegated county adoption agency shall require each person filing an adoption petition to be fingerprinted and shall secure from an appropriate...
  • California Family Code Section 8811.5
    (a) A licensed private or public adoption agency of the state of the petitioners' residency may certify prospective adoptive parents by a preplacement evaluation that...
  • California Family Code Section 8812
    Any request by a birth parent or birth parents for payment by the prospective adoptive parents of attorney's fees, medical fees and expenses, counseling fees,...
  • California Family Code Section 8813
    At or before the time a consent to adoption is signed, the department or delegated county adoption agency shall advise the birth parent signing the...
  • California Family Code Section 8814
    (a) Except as provided in Section 7662, the consent of the birth parent or parents who did not place the child for adoption, as described...
  • California Family Code Section 8814.5
    (a) After a consent to the adoption is signed by the birth parent or parents pursuant to Section 8801.3 or 8814, the birth parent or...
  • California Family Code Section 8815
    (a) Once the revocable consent to adoption has become permanent as provided in Section 8814.5, the consent to the adoption by the prospective adoptive parents...
  • California Family Code Section 8816
    In an independent adoption where the consent of the birth parent or parents is not necessary, the department or delegated county adoption agency shall, before...
  • California Family Code Section 8817
    (a) A written report on the child's medical background, and if available, the medical background of the child's biological parents so far as ascertainable, shall...
  • California Family Code Section 8818
    (a) The department shall adopt a statement to be presented to the birth parents at the time the consent to adoption is signed and to...
  • California Family Code Section 8819
    When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or...
  • California Family Code Section 8820
    (a) The birth parent or parents or the petitioner may appeal in either of the following cases: (1) If for a period of 180 days...
  • California Family Code Section 8821
    When any report or findings are submitted to the court by the department or a delegated county adoption agency, a copy of the report or...
  • California Family Code Section 8822
    (a) If the findings of the department or delegated county adoption agency are that the home of the petitioners is not suitable for the child...
  • California Family Code Section 8823
    The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
  • California Family Code Section 8900
    (a) Intercountry adoption services described in this chapter shall be exclusively provided by private adoption agencies licensed by the department specifically to provide these services....
  • California Family Code Section 8900.5
    As used in this chapter: (a) "Accredited agency" means an agency that has been accredited by an accrediting entity, in accordance with the standards in...
  • California Family Code Section 8901
    The department shall adopt regulations to administer the intercountry adoption program.
  • California Family Code Section 8902
    For intercountry adoptions that will be finalized in this state, the licensed adoption agency shall provide all of the following services: (a) Assessment of the...
  • California Family Code Section 8903
    (a) For each intercountry adoption finalized in this state, the licensed adoption agency shall assume all responsibilities for the child including care, custody, and control...
  • California Family Code Section 8904
    For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services: (a) Assessment...
  • California Family Code Section 8905
    Licensed adoption agencies may work only with domestic and foreign adoption agencies with whom they have written agreements that specify the responsibilities of each. The...
  • California Family Code Section 8906
    Nothing in this chapter may be construed to prohibit the licensed adoption agency from entering into an agreement with the prospective adoptive parents to share...
  • California Family Code Section 8907
    The costs incurred by a licensed adoption agency pursuant to programs established by this chapter shall be funded by fees charged by the agency for...
  • California Family Code Section 8908
    (a) A licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement...
  • California Family Code Section 8909
    (a) An agency may not place a child for adoption unless a written report on the child's medical background and, if available, the medical background...
  • California Family Code Section 8910
    (a) In no event may a child who has been placed for adoption be removed from the county in which the child was placed, by...
  • California Family Code Section 8911
    As a condition of placement, the prospective adoptive parents shall file a petition to adopt the child under Section 8912 within 30 days of placement.
  • California Family Code Section 8912
    (a) An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court...
  • California Family Code Section 8913
    The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
  • California Family Code Section 8914
    If the licensed adoption agency is a party to or joins in the adoption petition, it shall submit a full report of the facts of...
  • California Family Code Section 8915
    When any report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or...
  • California Family Code Section 8916
    (a) If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento...
  • California Family Code Section 8917
    (a) If the licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents...
  • California Family Code Section 8918
    At the hearing, if the court sustains the recommendation that the child be removed from the home of the petitioners because the licensed adoption agency...
  • California Family Code Section 8919
    (a) Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this...
  • California Family Code Section 8920
    (a) A child who was adopted as part of a sibling group and who has been separated from his or her sibling or siblings through...
  • California Family Code Section 8921
    An adoption facilitator shall not offer, provide, or facilitate any adoption service, as described in this chapter, in connection with a convention adoption unless it...
  • California Family Code Section 8923
    (a) A complaint against an accredited agency or approved person in connection with a convention adoption shall be filed according to the procedures set forth...
  • California Family Code Section 8924
    (a) For cases in which a child is emigrating from California to a convention country, an accredited agency or approved person providing any adoption service...
  • California Family Code Section 8925
    A Hague adoption certificate or, in outgoing cases, a Hague custody declaration, obtained pursuant to Part 97 of Title 22 of the Code of Federal...
  • California Family Code Section 9000
    (a) A stepparent desiring to adopt a child of the stepparent' s spouse may for that purpose file a petition in the county in which...
  • California Family Code Section 9001
    (a) The probation officer, qualified court investigator, licensed clinical social worker, licensed marriage family therapist, private licensed adoption agency, or, at the option of the...
  • California Family Code Section 9002
    In a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited...
  • California Family Code Section 9003
    (a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk,...
  • California Family Code Section 9004
    In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice: "Notice to...
  • California Family Code Section 9005
    (a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request...
  • California Family Code Section 9006
    (a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified...
  • California Family Code Section 9007
    The prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections 8612, 8613, and 8613.5.
  • California Family Code Section 9100
    (a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of...
  • California Family Code Section 9101
    (a) If an order of adoption is set aside as provided in Section 9100, the court making the order shall direct the district attorney, the...
  • California Family Code Section 9102
    (a) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption...
  • California Family Code Section 9200
    (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in...
  • California Family Code Section 9201
    (a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who...
  • California Family Code Section 9202
    (a) Notwithstanding any other law, the department or licensed adoption agency that made a medical report required by Section 8706, 8817, or 8909 shall provide...
  • California Family Code Section 9202.5
    (a) Notwithstanding any other law, the laboratory that is storing a blood sample pursuant to Section 8706, 8817, or 8909 shall provide access to the...
  • California Family Code Section 9203
    (a) The department or a licensed adoption agency shall do the following: (1) Upon the request of a person who has been adopted pursuant to...
  • California Family Code Section 9204
    (a) Notwithstanding any other law, if an adult adoptee and the adult adoptee's birth parents have each filed a written consent with the department or...
  • California Family Code Section 9205
    (a) Notwithstanding any other law, the department, county adoption agency, or licensed adoption agency that joined in the adoption petition shall release the names and...
  • California Family Code Section 9206
    (a) Notwithstanding any other law, the department or licensed adoption agency shall release any letters, photographs, or other items of personal property in its possession...
  • California Family Code Section 9208
    (a) The clerk of the superior court entering a final order of adoption concerning an Indian child shall provide the Secretary of the Interior or...
  • California Family Code Section 9209
    (a) Upon application by an Indian individual who has reached the age of 18 years and who was the subject of an adoptive placement, the...
  • California Family Code Section 9210
    (a) Except as otherwise provided in subdivisions (b) and (c), a court of this state has jurisdiction over a proceeding for the adoption of a...
  • California Family Code Section 9212
    (a) Sections 9210 and 9211 apply to interstate adoptions if the prospective adoptive parents reside outside of the state. (b) This section shall become operative...
  • California Family Code Section 9300
    (a) An adult may be adopted by another adult, including a stepparent, as provided in this part. (b) A married minor may be adopted in...
  • California Family Code Section 9301
    A married person who is not lawfully separated from the person's spouse may not adopt an adult without the consent of the spouse, provided that...
  • California Family Code Section 9302
    (a) A married person who is not lawfully separated from the person's spouse may not be adopted without the consent of the spouse, provided that...
  • California Family Code Section 9303
    (a) A person may not adopt more than one unrelated adult under this part within one year of the person's adoption of an unrelated adult,...
  • California Family Code Section 9304
    A person adopted pursuant to this part may take the family name of the adoptive parent.
  • California Family Code Section 9305
    After adoption, the adoptee and the adoptive parent or parents shall sustain towards each other the legal relationship of parent and child and have all...
  • California Family Code Section 9306
    (a) Except as provided in subdivision (b), the birth parents of a person adopted pursuant to this part are, from the time of the adoption,...
  • California Family Code Section 9307
    A hearing with regard to adoption under Chapter 2 (commencing with Section 9320) or termination of a parent and child relationship under Chapter 3 (commencing...
  • California Family Code Section 9320
    (a) An adult may adopt another adult who is younger, except the spouse of the prospective adoptive parent, by an adoption agreement approved by the...
  • California Family Code Section 9321
    (a) The prospective adoptive parent and the proposed adoptee may file in the county in which either person resides a petition for approval of the...
  • California Family Code Section 9321.5
    (a) Notwithstanding Section 9321, a person who is a resident of this state may file a petition for adult adoption with the court in any...
  • California Family Code Section 9322
    When the petition for approval of the adoption agreement is filed, the court clerk shall set the matter for hearing.
  • California Family Code Section 9323
    The court may require notice of the time and place of the hearing to be served on any other interested person and any interested person...
  • California Family Code Section 9324
    Both the prospective adoptive parent and the proposed adoptee shall appear at the hearing in person, unless an appearance is impossible, in which event an...
  • California Family Code Section 9325
    No investigation or report to the court by any public officer or agency is required, but the court may require the county probation officer or...
  • California Family Code Section 9326
    The prospective adoptive parent shall mail or personally serve notice of the hearing and a copy of the petition to the director of the regional...
  • California Family Code Section 9327
    If the prospective adoptive parent is a provider of board and care, treatment, habilitation, or other services to persons with developmental disabilities, or is a...
  • California Family Code Section 9328
    (a) At the hearing the court shall examine the parties, or the counsel of any party not present in person. (b) If the court is...
  • California Family Code Section 9340
    (a) Any person who has been adopted under this part may, upon written notice to the adoptive parent, file a petition to terminate the relationship...
  • California Family Code Section 10000
    This division shall be known and may be cited as the Family Law Facilitator Act.
  • California Family Code Section 10001
    (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. The entry of a child support order is...
  • California Family Code Section 10002
    Each superior court shall maintain an office of the family law facilitator. The office of the family law facilitator shall be staffed by an attorney...
  • California Family Code Section 10003
    This division shall apply to all actions or proceedings for temporary or permanent child support, spousal support, health insurance, child custody, or visitation in a...
  • California Family Code Section 10004
    Services provided by the family law facilitator shall include, but are not limited to, the following: providing educational materials to parents concerning the process of...
  • California Family Code Section 10005
    (a) By local rule, the superior court may designate additional duties of the family law facilitator, which may include, but are not limited to, the...
  • California Family Code Section 10006
    The court shall adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the
  • California Family Code Section 10007
    The court shall provide the family law facilitator at no cost to the parties.
  • California Family Code Section 10008
    (a) Except as provided in subdivision (b), nothing in this chapter shall be construed to apply to a child for whom services are provided or...
  • California Family Code Section 10010
    The Judicial Council shall adopt minimum standards for the office of the family law facilitator and any forms or rules of court that are necessary...
  • California Family Code Section 10011
    The Director of the State Department of Social Services shall seek approval from the United States Department of Health and Human Services, Office of Child...
  • California Family Code Section 10012
    (a) In a proceeding in which mediation is required pursuant to paragraph (1) of subdivision (a) of Section 10005, where there has been a history...
  • California Family Code Section 10013
    The family law facilitator shall not represent any party. No attorney-client relationship is created between a party and the family law facilitator as a result...
  • California Family Code Section 10014
    A person employed by, or directly supervised by, the family law facilitator shall not make any public comment about a pending or impending proceeding in...
  • California Family Code Section 10015
    The Judicial Council shall create any necessary forms to advise the parties of the types of services provided, that there is no attorney-client relationship, that...
  • California Family Code Section 17000
    The definitions contained in this section, and definitions applicable to Division 9 (commencing with Section 3500), shall govern the construction of this division, unless the...
  • California Family Code Section 17200
    The Department of Child Support Services is hereby created within the California Health and Human Services Agency. The department shall administer all services and perform...
  • California Family Code Section 17202
    The department is hereby designated the single organizational unit whose duty it shall be to administer the Title IV-D state plan for securing child and...
  • California Family Code Section 17204
    The department consists of the director and such division or other administrative units as the director may find necessary.
  • California Family Code Section 17206
    The department shall ensure that there is an adequate organizational structure and sufficient staff to perform functions delegated to any governmental unit relating to Part...
  • California Family Code Section 17208
    (a) The department shall reduce the cost of, and increase the speed and efficiency of, child support enforcement operations. It is the intent of the...
  • California Family Code Section 17210
    The department shall ensure that the local child support agency offices and services are reasonably accessible throughout the counties, and shall establish systems for informing...
  • California Family Code Section 17211
    The department shall administer the Child Support Assurance Demonstration Project established by Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 of...
  • California Family Code Section 17212
    (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and...
  • California Family Code Section 17300
    With the consent of the Senate, the Governor shall appoint, to serve at his or her pleasure, an executive officer who shall be director of...
  • California Family Code Section 17302
    The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer all federal and state laws and...
  • California Family Code Section 17303
    The Legislature finds and declares all of the following: (a) Title IV-D of the federal Social Security Act, contained in Part D (commencing with Section...
  • California Family Code Section 17304
    To address the concerns stated by the Legislature in Section 17303, each county shall establish a new county department of child support services. Each department...
  • California Family Code Section 17305
    (a) In order to achieve an orderly and timely transition to the new system with minimal disruption of services, the director shall begin the transition...
  • California Family Code Section 17306
    (a) The Legislature finds and declares all of the following: (1) While the State Department of Social Services has had statutory authority over the child...
  • California Family Code Section 17307
    (a) The Legislature hereby finds and declares that the Department of Child Support Services has the authority and discretion to prevent, correct, or remedy the...
  • California Family Code Section 17308
    The director shall assume responsibility for implementing and managing all aspects of a single statewide automated child support system that will comply with state and...
  • California Family Code Section 17309
    Effective October 1, 1998, the state shall operate a State Disbursement Unit as required by federal law (42 U.S.C. Secs. 654 (27), 654a(g), and 654b).
  • California Family Code Section 17309.5
    (a) An employer who is required to withhold and, by electronic fund transfer, pay tax pursuant to Section 19011 of the Revenue and Taxation Code...
  • California Family Code Section 17310
    (a) The director shall formulate, adopt, amend, or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the department that are consistent...
  • California Family Code Section 17311
    (a) The Child Support Payment Trust Fund is hereby created in the State Treasury. The department shall administer the fund. (b) (1) The state may...
  • California Family Code Section 17311.5
    (a) The department may enter into a trust agreement with a trustee or fiscal intermediary to receive or disburse child support collections. The trust agreement...
  • California Family Code Section 17311.7
    (a) Upon the transfer of collection and disbursement activities from each county to the State Disbursement Unit, the auditor and controller of each county shall...
  • California Family Code Section 17312
    (a) The department shall adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department. Regulations,...
  • California Family Code Section 17314
    (a) Subject to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), the...
  • California Family Code Section 17316
    No person, while holding the office of director, shall be a trustee, manager, director, or other officer or employee of any agency performing any function...
  • California Family Code Section 17318
    Except as otherwise expressly provided, Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code, as it may be...
  • California Family Code Section 17320
    The department shall coordinate with the State Department of Social Services to avoid the imposition of any federal penalties that cause a reduction in the...
  • California Family Code Section 17400
    (a) Each county shall maintain a local child support agency, as specified in Section 17304, that shall have the responsibility for promptly and effectively establishing,...
  • California Family Code Section 17400.5
    If an obligor has an ongoing child support order being enforced by a local child support agency pursuant to Title IV-D of the Social Security...
  • California Family Code Section 17401
    If the parent who is receiving support enforcement services provides to the local child support agency substantial, credible, information regarding the residence or work address...
  • California Family Code Section 17401.5
    (a) All of the following shall include notice of, and information about, the child support service hearings available pursuant to Section 17801, provided that there...
  • California Family Code Section 17402
    (a) In any case of separation or desertion of a parent or parents from a child or children that results in aid under Chapter 2...
  • California Family Code Section 17402.1
    (a) Each local child support agency shall, on a monthly basis, remit to the department both the federal and state public assistance child support payments...
  • California Family Code Section 17404
    (a) Notwithstanding any other statute, in any action brought by the local child support agency for the support of a minor child or children, the...
  • California Family Code Section 17405
    In carrying out duties under this article, the local child support agency shall interview the custodial parent within 10 business days of opening a child...
  • California Family Code Section 17406
    (a) In all actions involving paternity or support, including, but not limited to, other proceedings under this code, and under Division 9 (commencing with Section...
  • California Family Code Section 17407
    (a) If the Attorney General is of the opinion that a support order or support-related order is erroneous and presents a question of law warranting...
  • California Family Code Section 17408
    (a) Notwithstanding Section 17404, upon noticed motion of the local child support agency, the superior court may consolidate or combine support or reimbursement arrearages owed...
  • California Family Code Section 17410
    In any action filed by the local child support agency pursuant to Section 17402 or 17404, the local child support agency shall provide the mother...
  • California Family Code Section 17412
    (a) Notwithstanding any other law, an action for child support may be brought by the local child support agency on behalf of a minor child...
  • California Family Code Section 17414
    In any action or proceeding brought by the local child support agency to establish parentage pursuant to Section 17400, the court shall enter a judgment...
  • California Family Code Section 17415
    (a) It shall be the duty of the county welfare department to refer all cases in which a parent is absent from the home, or...
  • California Family Code Section 17416
    (a) In any case where the local child support agency has undertaken enforcement of support, the local child support agency may enter into an agreement...
  • California Family Code Section 17418
    In enforcing the provisions of this division, the local child support agency shall inquire of both the custodial and noncustodial parent as to the number...
  • California Family Code Section 17420
    After judgment in any court action brought to enforce the support obligation of a noncustodial parent pursuant to the provisions of this division, the court...
  • California Family Code Section 17422
    (a) The state medical insurance form required in Article 1 (commencing with Section 3750) of Chapter 7 of Part 1 of Division 9 shall include,...
  • California Family Code Section 17424
    (a) A parent who has been served with a medical insurance form shall complete and return the form to the local child support agency's office...
  • California Family Code Section 17428
    In any action or judgment brought or obtained pursuant to Section 17400, 17402, 17404, or 17416, a supplemental complaint may be filed, pursuant to Section...
  • California Family Code Section 17430
    (a) Notwithstanding any other provision of law, in any action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, a...
  • California Family Code Section 17432
    (a) In any action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, the court may, on any terms that...
  • California Family Code Section 17433
    In any action in which a judgment or order for support was entered after the entry of the default of the defendant under Section 17430,...
  • California Family Code Section 17433.5
    In any action enforced pursuant to this article, no interest shall accrue on an obligation for current child, spousal, family, or medical support due in...
  • California Family Code Section 17434
    (a) The department shall publish a booklet describing the proper procedures and processes for the collection and payment of child and spousal support. The booklet...
  • California Family Code Section 17440
    (a) The Department of Child Support Services shall work with all branches of the United States military and the National Guard to ensure that information...
  • California Family Code Section 17450
    (a) For purposes of this article: (1) "Child support delinquency" means a delinquency defined in subdivision (c) of Section 17500. (2) "Earnings" shall include the...
  • California Family Code Section 17452
    (a) Subject to state and federal privacy and information security laws, the Franchise Tax Board shall make tax return information available to the department, upon...
  • California Family Code Section 17453
    (a) The department, in coordination with financial institutions doing business in this state, shall operate a Financial Institution Data Match System utilizing automated data exchanges...
  • California Family Code Section 17454
    (a) At least 45 days before sending a notice to withhold, the department shall request that a depository institution provide the department with a designated...
  • California Family Code Section 17456
    (a) Any person required to withhold and transmit any amount pursuant to this article shall comply with the requirement without resort to any legal or...
  • California Family Code Section 17458
    Any child support delinquency collected by the department, including those amounts that result in overpayment of a child support delinquency, shall be deposited in the...
  • California Family Code Section 17460
    (a) As necessary, the department shall seek reciprocal agreements with other states to improve its ability to collect child support payments from out-of-state obligated parents...
  • California Family Code Section 17500
    (a) In carrying out its obligations under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and the local...
  • California Family Code Section 17502
    A local child support agency that is collecting child support payments on behalf of a child and who is unable to deliver the payments to...
  • California Family Code Section 17504
    The first fifty dollars ($50) of any amount of child support collected in a month in payment of the required support obligation for that month...
  • California Family Code Section 17505
    (a) All state, county, and local agencies shall cooperate with the local child support agency (1) in the enforcement of any child support obligation or...
  • California Family Code Section 17506
    (a) There is in the department a California Parent Locator Service and Central Registry that shall collect and disseminate all of the following, with respect...
  • California Family Code Section 17508
    (a) The Employment Development Department shall, when requested by the Department of Child Support Services local child support agency, or, the Franchise Tax Board for...
  • California Family Code Section 17509
    Once the statewide automated system is fully implemented, the Department of Child Support Services shall periodically compare Employment Development Department information collected under Division 1...
  • California Family Code Section 17510
    To assist local agencies in child support enforcement activities, the department shall operate a workers' compensation notification project based on information received pursuant to Section...
  • California Family Code Section 17512
    (a) Upon receipt of a written request from a local child support agency enforcing the obligation of parents to support their children pursuant to Section...
  • California Family Code Section 17514
    (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child abduction...
  • California Family Code Section 17516
    In no event shall public social service benefits, as defined in Section 10051 of the Welfare and Institutions Code, or benefits paid pursuant to Title...
  • California Family Code Section 17518
    (a) As authorized by subdivision (d) of Section 704.120 of the Code of Civil Procedure, the following actions shall be taken in order to enforce...
  • California Family Code Section 17520
    (a) As used in this section: (1) "Applicant" means any person applying for issuance or renewal of a license. (2) "Board" means any entity specified...
  • California Family Code Section 17521
    The order to show cause or notice of motion described in subdivision (j) of Section 17520 shall be filed and heard in the superior court.
  • California Family Code Section 17522
    (a) Notwithstanding any other law, if any support obligor is delinquent in the payment of support for at least 30 days and the local child...
  • California Family Code Section 17522.5
    (a) Notwithstanding Section 8112 of the Commercial Code and Section 700.130 of the Code of Civil Procedure, when a local child support agency pursuant to...
  • California Family Code Section 17523
    (a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is...
  • California Family Code Section 17523.5
    (a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect...
  • California Family Code Section 17524
    (a) Upon making application to the local child support agency for child support enforcement services pursuant to Section 17400, every applicant shall be requested to...
  • California Family Code Section 17525
    (a) Whenever a state or local governmental agency issues a notice of support delinquency, the notice shall state the date upon which the amount of...
  • California Family Code Section 17526
    (a) Upon request of an obligor or obligee, the local child support agency shall review the amount of arrearages alleged in a statement of arrearages...
  • California Family Code Section 17528
    (a) As authorized by subdivision (c) of Section 704.110 of the Code of Civil Procedure, the following actions shall be taken in order to enforce...
  • California Family Code Section 17530
    (a) Notwithstanding any other provision of law, this section shall apply to any actions taken to enforce a judgment or order for support entered as...
  • California Family Code Section 17531
    When a local child support agency closes a child support case containing summary criminal history information, the local child support agency shall delete or purge...
  • California Family Code Section 17540
    (a) (1) Commencing July 1, 2000, the department shall pay only those county claims for federal or state reimbursement under this division which are filed...
  • California Family Code Section 17550
    (a) The Department of Child Support Services, in consultation with the State Department of Social Services, shall establish regulations by which the local child support...
  • California Family Code Section 17552
    (a) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare...
  • California Family Code Section 17555
    (a) Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of...
  • California Family Code Section 17560
    (a) The department shall establish and operate a statewide compromise of arrears program pursuant to which the department may accept offers in compromise of child...
  • California Family Code Section 17561
    The Office of the Chief Information Officer and the Department of Child Support Services, beginning in 2010, shall jointly produce an annual report to be...
  • California Family Code Section 17600
    (a) The Legislature finds and declares all of the following: (1) The Legislative Analyst has found that county child support enforcement programs provide a net...
  • California Family Code Section 17601
    The department shall provide to the Legislature actual performance data on child support collections within 60 days of the end of each quarter. This data...
  • California Family Code Section 17602
    (a) The department shall adopt the federal minimum standards as the baseline standard of performance for the local child support agencies and work in consultation...
  • California Family Code Section 17604
    (a) (1) If at any time the director considers any public agency, that is required by law, by delegation of the department, or by cooperative...
  • California Family Code Section 17701
    (a) There is established within California's child support program a quality assurance and performance improvement program, pursuant to which local child support agencies, in partnership...
  • California Family Code Section 17702
    (a) The department shall assess, at least once every three years, each county's compliance with federal and state child support laws and regulations in effect...
  • California Family Code Section 17702.5
    (a) The Child Support Collections Recovery Fund is hereby created in the State Treasury, and shall be administered by the department for the purposes specified...
  • California Family Code Section 17703
    (a) A revolving fund in the State Treasury is hereby created to be known as the Child Support Services Advance Fund. All moneys deposited into...
  • California Family Code Section 17704
    (a) For the 1998-99 fiscal year the department shall pay to each county a child support incentive payment. Every county shall receive the federal child...
  • California Family Code Section 17706
    (a) It is the intent of the Legislature to encourage counties to elevate the visibility and significance of the child support enforcement program in the...
  • California Family Code Section 17708
    (a) This section shall apply to any county that elects to participate in the state incentive program described in Section 17704. (b) Each participating county...
  • California Family Code Section 17710
    (a) Each county shall be responsible for any administrative expenditures for administering the child support program not covered by federal and state funds. (b) Notwithstanding...
  • California Family Code Section 17712
    Notwithstanding subdivision (a) of Section 17708, and to the extent funds are appropriated by the annual Budget Act, funds shall be provided to the Judicial...
  • California Family Code Section 17714
    (a) (1) Any funds paid to a county pursuant to this chapter prior to June 30, 1999, which exceed the county's cost of administering the...
  • California Family Code Section 17800
    Each local child support agency shall maintain a complaint resolution process. The department shall specify by regulation, no later than July 1, 2001, uniform forms...
  • California Family Code Section 17801
    (a) A custodial or noncustodial parent who is dissatisfied with the local child support agency's resolution of a complaint shall be accorded an opportunity for...
  • California Family Code Section 17802
    To the extent that a custodial or noncustodial parent has a complaint concerning the action or inaction of the Franchise Tax Board in any child...
  • California Family Code Section 17803
    The custodial or noncustodial parent, within one year after receiving notice of the director's final decision, may file a petition with the superior court, under...
  • California Family Code Section 17804
    Each local child support agency shall establish the complaint resolution process specified in Section 17800. The department shall implement the state hearing requirements specified in...
  • California Family Code Section 20000
    (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. In addition, children are frequently left in limbo...
  • California Family Code Section 20001
    The Superior Courts of the Counties of Santa Clara and San Mateo may conduct pilot projects pursuant to this part. Chapter 2 (commencing with Section...
  • California Family Code Section 20002
    The duration of the pilot projects shall be two years.
  • California Family Code Section 20010
    The San Mateo County Pilot Project shall apply to hearings on motions for temporary child support, temporary spousal support, and temporary health insurance issuable in...
  • California Family Code Section 20011
    Motions for temporary orders under this chapter shall be heard as soon as practicable, consistent with the rules governing other civil actions.
  • California Family Code Section 20012
    The court shall appoint a Family Law Evaluator, who shall be available to assist parties. By local rule the superior court may designate the duties...
  • California Family Code Section 20013
    The court shall provide the Family Law Evaluator at no cost to the parties.
  • California Family Code Section 20014
    The clerk shall stamp all moving papers in which a party is not represented by counsel with a notice of a requirement to see the...
  • California Family Code Section 20015
    The court shall adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the
  • California Family Code Section 20016
    The court may elect to publish a low-cost booklet describing this program.
  • California Family Code Section 20017
    The Family Law Evaluator shall be an attorney, licensed to practice in this state.
  • California Family Code Section 20018
    Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050)...
  • California Family Code Section 20019
    Where it appears from a party's application for an order under this chapter or otherwise in the proceedings that the custody of, or visitation with,...
  • California Family Code Section 20020
    In a contested proceeding for temporary child or spousal support under this chapter, both the moving party and the responding party shall provide all of...
  • California Family Code Section 20021
    A party who fails to submit documents to the court as required by Section 20020 may, in the court's discretion, not be granted the relief...
  • California Family Code Section 20022
    The tax return submitted pursuant to Section 20020 may be reviewed by the other party. A party may be examined by the other party as...
  • California Family Code Section 20023
    (a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided...
  • California Family Code Section 20024
    (a) The costs of the Family Law Evaluator, any staff necessary to assist the Family Law Evaluator, and the cost of the booklet describing the...
  • California Family Code Section 20026
    (a) It is estimated that under the pilot project authorized by this chapter, approximately 2,200 litigants will be served annually and that the following savings...
  • California Family Code Section 20030
    The Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter.
  • California Family Code Section 20031
    The pilot project applies to all hearings, for temporary or permanent child or spousal support, modifications thereof, health insurance, custody, or visitation in a proceeding...
  • California Family Code Section 20032
    (a) Each and every hearing in a proceeding described in Section 20031 in which child or spousal support is at issue, including related contempt matters,...
  • California Family Code Section 20033
    The court may pass a local rule that suspends the use of the Income and Expense Declaration mandated by California Rule of Court 1285.50 in...
  • California Family Code Section 20034
    (a) An attorney, known as an Attorney-Mediator, shall be hired to assist the court in resolving child and spousal support disputes, to develop community outreach...
  • California Family Code Section 20035
    Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050)...
  • California Family Code Section 20036
    Upon motion by either party or on the court's own motion, any proceeding that would otherwise fall within this pilot project may by judicial order...
  • California Family Code Section 20037
    (a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided...
  • California Family Code Section 20038
    (a) In any case where either party has filed a motion regarding a custody or visitation dispute and has not yet scheduled an appointment for...
  • California Family Code Section 20039
    (a) The costs of the pilot project shall be borne by an equalization of filing fees in Santa Clara County for all petitions for marital...
  • California Family Code Section 20040
    The court may elect to publish a low-cost booklet describing the program.
  • California Family Code Section 20041
    The court shall centralize, augment, and coordinate all presently existing programs under the court's supervision that relate to children, including, but not limited to, mental...
  • California Family Code Section 20043
    (a) It is estimated for Santa Clara County's participation in the pilot project authorized by this chapter, that 4,000 litigants will be served annually, and...

Last modified: March 17, 2014