Today's Law As Amended

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AB-1352 Father and child relationship: notice to a presumed father.(2017-2018)

As Amends the Law Today


 Section 7635 of the Family Code is amended to read:

 (a) The child may, if under the age of 12 years,  12 years of age,  and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child.
(b) A The  natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person 7611, and each man  alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing,  natural father, may be made parties and  shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined.  heard.  Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.
(c) The court may align the parties.
(d) Notwithstanding subdivision (b), in an adoption proceeding, if it is established by clear and convincing evidence that a man presumed to be the child’s father under subdivision (a) of Section 7611 is not the biological father, and that he has never had a relationship with the child or attempted to have a relationship with the child or support the mother during her pregnancy with the child, and that he is not a presumed father under any other law, and it is not in the best interest of the child, the court has the discretion to conduct an evidentiary hearing to determine whether the presumption has been rebutted pursuant to Section 7612, and thereafter either dispense with notice to the presumed father, or require that notice of the proceedings be given in accordance with Section 7666. Even if the presumption has been rebutted by clear and convincing evidence, the court retains full discretion to dispense with notice or require notice, as the court determines is appropriate for the specific facts of the case.
(d) (e)  In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8.