Code Section

Family Code - FAM

DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7961]

  ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895]

  ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820 - 7827]
  ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
7825.  

(a) A proceeding under this part may be brought where both of the following requirements are satisfied:

(1) The child is one whose parent or parents are convicted of a felony.

(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may consider the parent’s criminal record prior to the felony conviction to the extent that the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parent’s ability to exercise custody and control regarding his or her child.

(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.

(Amended by Stats. 2006, Ch. 806, Sec. 5. Effective January 1, 2007.)