ONCALL
...Family Law
......Custody and Visitation
 20 Cards On This Topic:
  • A nonresident, noncustodial parent need not be joined in C's parentage action seeking special immigrant juvenile classification; adequate notice to parent suffices.
  • C's perceived immigration-related motivations for filing a parentage action under the Uniform Parentage Act (FC §7600 et seq.) have no bearing on whether the action may proceed.
  • Juvenile ct.'s finding that BioDad was a Kelsey S. father reversed where court was collaterally estopped from making this determination by prior family court order.
  • Visitation between BioDad and C properly ordered by juvenile ct. where it benefitted C; no-contact order properly vitiated where BioDad showed changed circumstances.
  • FC §7612(c) allowing a child to have more than two parents only applies to biological mothers, adoptive parents and presumed parents.
  • Presumed parent status under FC §7611(d) requires that petitioner demonstrate a parental relationship with child.
  • The fact that petitioner was child's biological father did not entitle him to visitation with child under FC §3100.
  • FC §3047 provides deployed service members with certain protections, including expediency in the resolution of custody disputes, but it does not alter the best interest of the child standard.
  • Order giving one party authority to make decisions regarding health care does not require a change of circumstances; best interests of child is sufficient.
  • An adult child seeking no financial remuneration has standing to seek a declaration of paternity after her putative father is deceased.
  • Grandparent visitation statutes do not extend to great-grandparents.
  • The inability to establish parenthood pursuant to FC §7613 does not preclude a finding of presumed parenthood pursuant to FC §7611.
  • PC §633.5 allows a parent to consent, on behalf of a child, to recording another surreptitiously for the purpose of obtaining evidence of a crime specified in the statute, such as sexual molestation.
  • If alleged father meets the requirements of FC §7611(d) for presumed father status at some point in his child's life, his subsequent failure to meet the requirements does not rebut the presumption.
  • Trial ct. erred in finding third parent under FC §7612(c) where it misapplied detriment to child and third parent had no existing relationship with child; remand required to determine presumed father.
  • Mother whose child was subject to a probate guardianship had the right to participate in dependency proceedings; failure to allow her participation was prejudicial error.
  • Trial ct. correctly found F to be presumed parent where it did not rely on F's biological connection to C, but his conduct toward C, including receiving C into his home and holding out C as his own.
  • Trial ct. erred when it found that the FC §3044 presumption would be rebutted once F completed six months of DV counseling; presumption must be rebutted by evidence, and trial ct. had not yet received this evidence.
  • Substantial compliance is sufficient for FC §7962 governing assisted reproduction agreements; application of statute does not violate unborn Cs' constitutional rights.
  • Trial court did not abuse its discretion by requiring P seeking SIJ status to join her allegedly abusive F to the pending UPA action where F’s identity and whereabouts in Honduras were known.


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