California Probate Code 1516.5 – (a) A proceeding to have a child declared free from the custody …
(a) A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied:
(1) One or both parents do not have the legal custody of the child.
Terms Used In California Probate Code 1516.5
- Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
(2) The child has been in the physical custody of the guardian for a period of not less than two years.
(3) The court finds that the child would benefit from being adopted by his or her guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following:
(A) The child and the birth parent.
(B) The child and the guardian, including family members of the guardian.
(C) The child and any siblings or half siblings.
(b) The court shall appoint a court investigator or other qualified professional to investigate all factors enumerated in subdivision (a). The findings of the investigator or professional regarding those issues shall be included in the written report required pursuant to § 7851 of the Family Code.
(c) The rights of the parent, including the rights to notice and counsel provided in Part 4 (commencing with Section 7800) of Division 12 of the Family Code, shall apply to actions brought pursuant to this section.
(d) This section does not apply to any child who is a dependent of the juvenile court or to any Indian child.
(Amended by Stats. 2010, Ch. 588, Sec. 9. (AB 2020) Effective January 1, 2011.)