Deering's California Desktop Code Series, Family Code

This edition contains the California Family Code and related Family and Juvenile Court Rules plus provisions of the Welfare & Institutions Code in a convenient desktop reference.
Publisher: Michie

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2025 Hardbound Edition
ISBN: 9798341700567
Published: December 30, 2024
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Deering's California Desktop Code Set is produced by the same expert Michie and LexisNexis editorial team that brings you Deering's California Codes Annotated, your respected California code service for over 130 years. Purchase the Family Code or get the complete Desktop Set for your own desk or for every attorney in your firm. Rely on the same legal research excellence that has been relied on by generations of California attorneys.

•   Full text of the California Family and Juvenile Court Rules plus provisions of the Welfare & Institutions Code.
•   Analysis of each code at the conclusion of the Legislative Session.
•   A table of sections affected by recent legislation.
•   Bold notations, appearing in headings, of sunset and operative-date provisions.
•   All changes in text highlighted with italics.
•   All omissions in text highlighted with three asterisks.

The previous edition's ISBN is 9781663375254.

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Table of contents

FAMILY CODE ANALYSIS 


DIVISION 1. Preliminary Provisions and Definitions

PART 1. Preliminary Provisions

PART 2. Definitions

PART 3. Indian Children

DIVISION 2. General Provisions

PART 1. Jurisdiction

PART 2. General Procedural Provisions

PART 3. Temporary Restraining Order in Summons

PART 4. Ex Parte Temporary Restraining Orders

PART 5. Attorney's Fees and Costs

PART 6. Enforcement of Judgments and Orders

PART 7. Tribal Marriages and Divorces

DIVISION 2.5. Domestic Partner Registration

PART 1. Definitions

PART 2. Registration

PART 3. Termination

PART 4. Legal Effect

PART 5. Preemption

DIVISION 3. Marriage

PART 1. Validity of Marriage

PART 2. Marriage License

PART 3. Solemnization of Marriage

CHAPTER 1. Persons Authorized to Solemnize Marriage

CHAPTER 2. Solemnization of Marriage

PART 4. Confidential Marriage

CHAPTER 1. General Provisions

CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages

PART 5. Premarital Examination [Repealed]

DIVISION 4. Rights and Obligations During Marriage

PART 1. General Provisions

CHAPTER 1. Definitions

CHAPTER 2. Relation of Spouses

CHAPTER 3. Property Rights During Marriage

PART 2. Characterization of Marital Property

CHAPTER 1. Community Property

CHAPTER 2. Separate Property

CHAPTER 3. Damages for Injuries to Married Person

CHAPTER 4. Presumptions Concerning Nature of Property

CHAPTER 5. Transmutation of Property

PART 3. Liability of Marital Property

CHAPTER 1. Definitions

CHAPTER 2. General Rules of Liability

CHAPTER 3. Reimbursement

CHAPTER 4. Transitional Provisions

CHAPTER 5. Liability for Death or Injury

PART 4. Management and Control of Marital Property

PART 5. Marital Agreements

CHAPTER 1. General Provisions

CHAPTER 2. Uniform Premarital Agreement Act

ARTICLE 1. Preliminary Provisions

ARTICLE 2. Premarital Agreements

CHAPTER 3. Agreements Between Spouses

DIVISION 5. Conciliation Proceedings

PART 1. Family Conciliation Court Law

CHAPTER 1. General Provisions

CHAPTER 2. Family Conciliation Courts

CHAPTER 3. Proceedings for Conciliation

PART 2. Statewide Coordination of Family Mediation and Conciliation Services

DIVISION 6. Nullity, Dissolution, and Legal Separation

PART 1. General Provisions

CHAPTER 1. Application of Part

CHAPTER 2. Jurisdiction

CHAPTER 3. Procedural Provisions

CHAPTER 3.5. Attorney's Fees and Costs

CHAPTER 4. Protective and Restraining Orders

ARTICLE 1. Orders in Summons

ARTICLE 2. Ex Parte Orders

ARTICLE 3. Orders After Notice and Hearing

ARTICLE 4. Orders Included in Judgment

CHAPTER 5. Notice to Insurance Carriers

CHAPTER 6. Employee Pension Benefit Plan as Party

ARTICLE 1. Joinder of Plan

ARTICLE 2. Proceedings After Joinder

CHAPTER 7. Restoration of Wife’s Former Name

CHAPTER 8. Uniform Divorce Recognition Act

CHAPTER 9. Disclosure of Assets and Liabilities

CHAPTER 10. Relief From Judgment

PART 2. Judicial Determination of Void or Voidable Marriage

CHAPTER 1. Void Marriage

CHAPTER 2. Voidable Marriage

CHAPTER 3. Procedural Provisions

PART 3. Dissolution of Marriage and Legal Separation

CHAPTER 1. Effect of Dissolution

CHAPTER 2. Grounds for Dissolution or Legal Separation

CHAPTER 3. Residence Requirements

CHAPTER 4. General Procedural Provisions

CHAPTER 5. Summary Dissolution

CHAPTER 6. Case Management

DIVISION 7. Division of Property

PART 1. Definitions

PART 2. General Provisions

PART 3. Presumption Concerning Property Held in Joint Form

PART 4. Special Rules for Division of Community Estate

PART 5. Retirement Plan Benefits

PART 6. Debts and Liabilities

PART 7. Reimbursements

PART 8. Jointly Held Separate Property

PART 9. Real Property Located in Another State

DIVISION 8. Custody of Children

PART 1. Definitions and General Provisions

CHAPTER 1. Definitions

CHAPTER 2. General Provisions

PART 2. Right to Custody of Minor Child

CHAPTER 1. General Provisions

CHAPTER 2. Matters to be Considered in Granting Custody

CHAPTER 3. Temporary Custody Order During Pendency of Proceeding

CHAPTER 4. Joint Custody

CHAPTER 5. Visitation Rights

CHAPTER 6. Custody Investigation and Report

CHAPTER 7. Action for Exclusive Custody

CHAPTER 8. Location of Missing Party or Child

CHAPTER 9. Check to Determine Whether Child Is Missing Person

CHAPTER 10. Appointment of Counsel to Represent Child

CHAPTER 11. Mediation of Custody and Visitation Issues

ARTICLE 1. General Provisions

ARTICLE 2. Availability of Mediation

ARTICLE 3. Mediation Proceedings

CHAPTER 12. Counseling of Parents and Child

CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling

PART 3. Uniform Child Custody Jurisdiction and Enforcement Act

CHAPTER 1. General Provisions

CHAPTER 2. Jurisdiction

CHAPTER 3. Enforcement

CHAPTER 4. Miscellaneous Provisions

DIVISION 9. Support

PART 1. Definitions and General Provisions

CHAPTER 1. Definitions

CHAPTER 2. General Provisions

CHAPTER 3. Support Agreements

ARTICLE 1. General Provisions

ARTICLE 2. Child Support

ARTICLE 3. Spousal Support

CHAPTER 4. Spousal and Child Support During Pendency of Proceeding

CHAPTER 5. Expedited Child Support Order

CHAPTER 6. Modification, Termination, or Set Aside of Support Orders

ARTICLE 1. General Provisions

ARTICLE 2. Discovery Before Commencing Modification or Termination Proceeding

ARTICLE 3. Simplified Procedure for Modification of Support Order

ARTICLE 4. Relief From Orders

CHAPTER 7. Health Insurance

ARTICLE 1. Health Insurance Coverage for Supported Child

ARTICLE 2. Health Insurance Coverage Assignment

ARTICLE 3. Assignment of Reimbursement Rights Under Health Plan [Repealed]

CHAPTER 8. Deferred Sale of Home Order

CHAPTER 9. Software Used to Determine Support

PART 2. Child Support

CHAPTER 1. Duty of Parent to Support Child

ARTICLE 1. Support of Minor Child

ARTICLE 2. Support of Adult Child

ARTICLE 3. Support of Grandchild

ARTICLE 4. Liability to Others Who Provide Support for Child

CHAPTER 2. Court–Ordered Child Support

ARTICLE 1. General Provisions

ARTICLE 2. Statewide Uniform Guideline

ARTICLE 3. Payment to Court Designated County Officer; Enforcement by District Attorney

ARTICLE 4. Child Support Commissioners

PART 3. Spousal Support

CHAPTER 1. Duty to Support Spouse

CHAPTER 2. Factors to be Considered in Ordering Support

CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation

CHAPTER 4. Payment to Court-Designated Officer; Enforcement by District Attorney

CHAPTER 5. Provision for Support After Death of Supporting Party

PART 4. Support of Parents

CHAPTER 1. General Provisions

CHAPTER 2. Relief From Duty to Support Parent Who Abandoned Child

PART 5. Enforcement of Support Orders

CHAPTER 1. General Provisions

CHAPTER 2. Deposit of Money to Secure Future Child Support Payments

ARTICLE 1. General Provisions

ARTICLE 2. Order for Deposit of Money

ARTICLE 3. Application to Reduce or Eliminate Deposit

ARTICLE 4. Use of Deposit to Make Delinquent Support Payment

CHAPTER 3. Deposit of Assets to Secure Future Child Support Payments

ARTICLE 1. General Provisions

ARTICLE 2. Order for Deposit of Assets

ARTICLE 3. Ex Parte Restraining Orders

ARTICLE 4. Use or Sale of Assets to Make Support Payments

ARTICLE 5. Return of Assets of Obligor

CHAPTER 4. Child Support Delinquency Reporting

CHAPTER 5. Civil Penalty for Child Support Delinquency

CHAPTER 6. Uniform Interstate Family Support Act [Repealed]

ARTICLE 1. General Provisions [Repealed]

ARTICLE 2. Jurisdiction [Repealed]

ARTICLE 3. Civil Provisions of General Application

ARTICLE 4. Establishment of Support Order [Repealed]

ARTICLE 5. Enforcement of Order of Another State Without Registration [Repealed]

ARTICLE 6. Enforcement and Modification of Support Order After Registration [Repealed]

ARTICLE 7. Determination of Parentage [Repealed]

ARTICLE 8. Interstate Rendition [Repealed]

ARTICLE 9. Miscellaneous Provisions [Repealed]

CHAPTER 7. Enforcement by Writ of Execution

CHAPTER 8. Earnings Assignment Order

ARTICLE 1. Definitions

ARTICLE 2. General Provisions

ARTICLE 3. Support Orders Issued or Modified Before July 1, 1990

ARTICLE 4. Stay of Service of Assignment Order

ARTICLE 5. Motion to Quash Assignment Order

ARTICLE 6. Information Concerning Address and Employment of Obligor

ARTICLE 7. Prohibited Practices

ARTICLE 8. Judicial Council Forms

ARTICLE 9. Intercounty Support Obligations

CHAPTER 9. Private Child Support Collectors

PART 6. Uniform Interstate Family Support Act

CHAPTER 1. General Provisions

CHAPTER 2. Jurisdiction

CHAPTER 3. Civil Provisions of General Application

CHAPTER 4. Establishment of Support Order or Determination of Parentage

CHAPTER 5. Enforcement of Support Order Without Registration

CHAPTER 6. Registration, Enforcement, and Modification of Support Order

ARTICLE 1. Registration for Enforcement of Support Order

ARTICLE 2. Contest of Validity or Enforcement

ARTICLE 3. Registration and Modification of Child-Support Order of Another State

ARTICLE 4. Registration and Modification of Foreign Child-Support Order

CHAPTER 7. Support Proceeding Under Convention

CHAPTER 8. Interstate Rendition

CHAPTER 9. Miscellaneous Provisions

DIVISION 10. Prevention of Domestic Violence

PART 1. Short Title and Definitions

PART 2. General Provisions

PART 3. Emergency Protective Orders

CHAPTER 1. General Provisions

CHAPTER 2. Issuance and Effect of Emergency Protective Order

CHAPTER 3. Duties of Law Enforcement Officer

PART 4. Protective Orders and Other Domestic Violence Prevention Orders

CHAPTER 1. General Provisions

CHAPTER 2. Issuance of Orders

ARTICLE 1. Ex Parte Orders

ARTICLE 2. Orders Issuable After Notice and Hearing

ARTICLE 3. Orders Included in Judgment

CHAPTER 3. Registration and Enforcement of Orders

PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

DIVISION 11. Minors

PART 1. Age of Majority

PART 1.5. Caregivers

PART 2. Rights and Liabilities; Civil Actions and Proceedings

PART 3. Contracts

CHAPTER 1. Capacity to Contract

CHAPTER 2. Disaffirmance of Contracts

CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports

PART 4. Medical Treatment

CHAPTER 1. Definitions

CHAPTER 2. Consent by Person Having Care of Minor or by Court

CHAPTER 3. Consent by Minor

PART 5. Enlistment in Armed Forces

PART 6. Emancipation of Minors Law

CHAPTER 1. General Provisions

CHAPTER 2. Effect of Emancipation

CHAPTER 3. Court Declaration of Emancipation

ARTICLE 1. General Provisions

ARTICLE 2. Procedure for Declaration

ARTICLE 3. Voiding or Rescinding Declaration

ARTICLE 4. Identification Cards and Information

DIVISION 12. Parent and Child Relationship

PART 1. Rights of Parents

PART 2. Presumption Concerning Child of Marriage and Blood Tests to Determine Paternity

CHAPTER 1. Child of Wife Cohabiting With Husband

CHAPTER 2. Blood Tests to Determine Paternity

CHAPTER 3. Establishment of Paternity by Voluntary Declaration

PART 3. Uniform Parentage Act

CHAPTER 1. General Provisions

CHAPTER 2. Establishing Parent and Child Relationship

CHAPTER 3. Jurisdiction and Venue

CHAPTER 4. Determination of Parent and Child Relationship

ARTICLE 1. Determination of Father and Child Relationship

ARTICLE 1.5. Setting Aside or Vacating Judgment of Paternity

ARTICLE 2. Determination of Mother and Child Relationship

CHAPTER 5. Termination of Parental Rights in Adoption Proceedings

CHAPTER 6. Protective and Restraining Orders

ARTICLE 1. Orders in Summons

ARTICLE 2. Ex Parte Orders

ARTICLE 3. Orders After Notice and Hearing

ARTICLE 4. Orders Included in Judgment

PART 4. Freedom From Parental Custody and Control

CHAPTER 1. General Provisions

CHAPTER 2. Circumstances Where Proceeding May Be Brought

CHAPTER 3. Procedure

ARTICLE 1. Authorized Petitioners

ARTICLE 2. Venue

ARTICLE 3. Investigation and Report

ARTICLE 4. Appointment of Counsel

ARTICLE 5. Time for Hearing; Continuance

ARTICLE 6. Notice of Proceeding and Attendance at Hearing

ARTICLE 7. Hearing and Subsequent Proceedings

PART 5. Interstate Compact on Placement of Children

PART 6. Foster Care Placement Considerations

PART 7. Surrogacy and Donor Facilitators, Assisted Reproduction Agreements for Gestational Carriers, and Oocyte Donations

DIVISION 13. Adoption

PART 1. Definitions

PART 2. Adoption of Unmarried Minors

CHAPTER 1. General Provisions

CHAPTER 1.5. Adoption Facilitators

CHAPTER 2. Agency Adoptions

CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents

CHAPTER 3. Independent Adoptions

CHAPTER 4. Intercountry Adoptions

CHAPTER 5. Stepparent Adoptions

CHAPTER 6. Vacation of Adoption

CHAPTER 7. Disclosure of Information

CHAPTER 8. Adoption Proceedings: Conflict of Laws

PART 3. Adoption of Adults and Married Minors

CHAPTER 1. General Provisions

CHAPTER 2. Procedure for Adult Adoption

CHAPTER 3. Procedure for Terminating Adult Adoption

DIVISION 14. Family Law Facilitator Act

DIVISION 15. Friend of the Court Act [Repealed]

DIVISION 16. Family Law Information Centers [Repealed]

DIVISION 17. Support Services

CHAPTER 1. Department of Child Support Services

ARTICLE 1. General

ARTICLE 2. Organization

ARTICLE 3. Director of Child Support Services

CHAPTER 2. Child Support Enforcement

ARTICLE 1. Support Obligations

ARTICLE 1.5. Delinquent Child Support Obligations and Financial Institution Data Match

ARTICLE 2. Collections and Enforcement

ARTICLE 3. Program Compliance

ARTICLE 4. Program Costs

CHAPTER 3. [No Chapters of these numbers.]

CHAPTER 5. Complaint Resolution

DIVISION 20. Pilot Projects

PART 1. Family Law Pilot Projects

CHAPTER 1. General Provisions

CHAPTER 2. San Mateo County Pilot Project

CHAPTER 3. Santa Clara County Pilot Project

PART 2. Paternity Pilot Projects [Repealed]