§ 7825. — 7825. (Amended by Stats. 2019, Ch. 115, Sec. 101.)

California § 7825.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 12.: DIVISION 12. PARENT AND CHILD RELATIONSHIP
• Part 4.: PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL
• Ch. 2.: CHAPTER 2. Circumstances Where Proceeding May Be Brought

Text

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

Legislative History

Amended by Stats. 2019, Ch. 115, Sec. 101. (AB 1817) Effective January 1, 2020.