CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
.........Termination in Guardianship
3 Cards On This Topic:
Proceeding to have a child declared free from the custody and control of one or both parents may be brought in the guardianship proceeding.
Probate Code 1516.5 is not unconstitutional on its face for failing to require a finding of present parental unfitness; retroactive application was consistent with due process based on facts of case.
Court of Appeal erred by deeming F eligible for constitutional protection re Prob. Code §1516.5 under Kelsey S. where mother did not prevent him from acquiring statutory rights of a presumed father.