{"code":"FAM","codeName":"Family Code","section":"7825","citation":"Fam. Code, § 7825","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500. - 7962.]","url":"https://blackletter.si/family-code/division-12"},{"name":"PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800. - 7895.]","url":"https://blackletter.si/family-code/division-12/part-4"},{"name":"CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820. - 7827.]","url":"https://blackletter.si/family-code/division-12/part-4/chapter-2"}],"history":"Amended by Stats. 2019, Ch. 115, Sec. 101.   (AB 1817)   Effective January 1, 2020.","effective":"2020-01-01","html":"<p>(a) A proceeding under this part may be brought where both of the following requirements are satisfied:</p><p>(1) The child is one whose parent or parents are convicted of a felony.</p><p>(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 the child.</p><p>(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 <a href=\"/pen/261\">261</a> 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.</p>","text":"(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 the 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.","otherVersions":[],"url":"https://blackletter.si/family-code/circumstances-where-proceeding-may-be-brought-7825","source":"California Legislative Information bulk export (pubinfo)"}