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CALIFORNIA FAMILY CODE

Last update: 2011-11-07


  • DIVISION 1. Preliminary Provisions and Definitions
    • PART 1. Preliminary Provisions. 1-13
    • PART 2. Definitions. 50-155
    • PART 3. Indian Children. 170-185
  • DIVISION 2. General Provisions
    • PART 1. Jurisdiction. 200
    • PART 2. General Procedural Provisions. 210-217
    • PART 3. Temporary Restraining Order in Summons. 231-235
    • PART 4. Ex Parte Temporary Restraining Orders. 240-246
    • PART 5. Attorney's Fees and Costs. 270-274
    • PART 6. Enforcement of Judgments and Orders. 290-292
    • PART 7. Tribal Marriages and Divorces. 295
  • DIVISION 2.5. Domestic Partner Registration
    • PART 1. Definitions. 297-297.5
    • PART 2. Registration. 298-298.6
    • PART 3. Termination. 299-299.3
    • PART 5. Preemption. 299.6
  • DIVISION 3. Marriage
    • PART 1. Validity of Marriage. 300-310
    • PART 2. Marriage License. 350-360
    • PART 3. Solemnization of Marriage
      • CHAPTER 1. Persons Authorized to Solemnize Marriage. 400-402
      • CHAPTER 2. Solemnization of Marriage. 420-426
    • PART 4. Confidential Marriage
      • CHAPTER 1. General Provisions. 500-511
      • CHAPTER 2. Approval of Notaries to Authorize Confidential Marriages. 530-536
  • DIVISION 4. Rights and Obligations During Marriage
    • PART 1. General Provisions
      • CHAPTER 1. Definitions. 700
      • CHAPTER 2. Relation of Husband and Wife. 720-721
      • CHAPTER 3. Property Rights During Marriage. 750-755
    • PART 2. Characterization of Marital Property
      • CHAPTER 1. Community Property. 760-761
      • CHAPTER 2. Separate Property. 770-772
      • CHAPTER 3. Damages for Injuries to Married Person. 780-783
      • CHAPTER 4. Presumptions Concerning Nature of Property. 802-803
      • CHAPTER 5. Transmutation of Property. 850-853
    • PART 3. Liability of Marital Property
      • CHAPTER 1. Definitions. 900-903
      • CHAPTER 2. General Rules of Liability. 910-916
      • CHAPTER 3. Reimbursement. 920
      • CHAPTER 4. Transitional Provisions. 930-931
      • CHAPTER 5. Liability for Death or Injury. 1000
    • PART 4. Management and Control of Marital Property. 1100-1103
    • PART 5. Marital Agreements
      • CHAPTER 1. General Provisions. 1500-1503
      • CHAPTER 2. Uniform Premarital Agreement Act
        • Article 1. Preliminary Provisions. 1600-1601
        • Article 2. Premarital Agreements. 1610-1617
      • CHAPTER 3. Agreements Between Husband and Wife. 1620
  • DIVISION 5. Conciliation Proceedings
    • PART 1. Family Conciliation Court Law
      • CHAPTER 1. General Provisions. 1800-1802
      • CHAPTER 2. Family Conciliation Courts. 1810-1820
      • CHAPTER 3. Proceedings for Conciliation. 1830-1842
    • PART 2. Statewide Coordination of Family Mediation and Conciliation Services. 1850-1852
  • DIVISION 6. Nullity, Dissolution, and Legal Separation
    • PART 1. General Provisions
      • CHAPTER 1. Application of Part. 2000
      • CHAPTER 2. Jurisdiction. 2010-2013
      • CHAPTER 3. Procedural Provisions. 2020-2026
      • CHAPTER 3.5. Attorney's Fees and Costs. 2030-2034
      • CHAPTER 4. Protective and Restraining Orders
        • Article 1. Orders in Summons. 2040-2041
        • Article 2. Ex Parte Orders. 2045
        • Article 3. Orders after Notice and Hearing. 2047
        • Article 4. Orders Included in Judgment. 2049
      • CHAPTER 5. Notice to Insurance Carriers. 2050-2053
      • CHAPTER 6. Employee Pension Benefit Plan as Party
        • Article 1. Joinder of Plan. 2060-2065
        • Article 2. Proceedings after Joinder. 2070-2074
      • CHAPTER 7. Restoration of Wife's Former Name. 2080-2082
      • CHAPTER 8. Uniform Divorce Recognition Act. 2090-2093
      • CHAPTER 9. Disclosure of Assets and Liabilities. 2100-2113
      • CHAPTER 10. Relief From Judgment. 2120-2129
    • PART 2. Judicial Determination of Void or Voidable Marriage
      • CHAPTER 1. Void Marriage. 2200-2201
      • CHAPTER 2. Voidable Marriage. 2210-2212
      • CHAPTER 3. Procedural Provisions. 2250-2255
    • PART 3. Dissolution of Marriage and Legal Separation
      • CHAPTER 1. Effect of Dissolution. 2300
      • CHAPTER 2. Grounds for Dissolution or Legal Separation. 2310-2313
      • CHAPTER 3. Residence Requirements. 2320-2322
      • CHAPTER 4. General Procedural Provisions. 2330-2348
      • CHAPTER 5. Summary Dissolution. 2400-2406
      • CHAPTER 6. Case Management. 2450-2452
  • DIVISION 7. Division of Property
    • PART 1. Definitions. 2500-2502
    • PART 2. General Provisions. 2550-2556
    • PART 3. Presumption Concerning Property Held in Joint Form. 2580-2581
    • PART 4. Special Rules for Division of Community Estate. 2600-2604
    • PART 5. Retirement Plan Benefits. 2610
    • PART 6. Debts and Liabilities. 2620-2628
    • PART 7. Reimbursements. 2640-2641
    • PART 8. Jointly Held Separate Property. 2650
    • PART 9. Real Property Located in Another State. 2660
  • DIVISION 8. Custody of Children
    • PART 1. Definitions and General Provisions
      • CHAPTER 1. Definitions. 3000-3007
      • CHAPTER 2. General Provisions. 3010-3011
    • PART 2. Right to Custody of Minor Child
      • CHAPTER 1. General Provisions. 3020-3032
      • CHAPTER 2. Matters to Be Considered in Granting Custody. 3040-3049
      • CHAPTER 3. Temporary Custody Order During Pendency of Proceeding. 3060-3064
      • CHAPTER 4. Joint Custody. 3080-3089
      • CHAPTER 5. Visitation Rights. 3100-3105
      • CHAPTER 6. Custody Investigation and Report. 3110-3118
      • CHAPTER 7. Action for Exclusive Custody. 3120-3121
      • CHAPTER 8. Location of Missing Party or Child. 3130-3135
      • CHAPTER 9. Check to Determine Whether Child Is Missing Person. 3140
      • CHAPTER 10. Appointment of Counsel to Represent Child. 3150-3153
      • CHAPTER 11. Mediation of Custody and Visitation Issues
        • Article 1. General Provisions. 3160-3165
        • Article 2. Availability of Mediation. 3170-3173
        • Article 3. Mediation Proceedings. 3175-3188
      • CHAPTER 12. Counseling of Parents and Child. 3190-3192
      • CHAPTER 13. Supervised Visitation and Exchange Services, Education,and Counseling. 3200-3204
    • PART 3. Uniform Child Custody Jurisdiction and Enforcement Act
      • CHAPTER 1. General Provisions. 3400-3412
      • CHAPTER 2. Jurisdiction. 3421-3430
      • CHAPTER 3. Enforcement. 3441-3457
      • CHAPTER 4. Miscellaneous Provisions. 3461-3465
  • DIVISION 9. Support
    • PART 1. Definitions and General Provisions
      • CHAPTER 1. Definitions. 3500-3515
      • CHAPTER 2. General Provisions. 3550-3558
      • CHAPTER 3. Support Agreements
        • Article 1. General Provisions. 3580
        • Article 2. Child Support. 3585-3587
        • Article 3. Spousal Support. 3590-3593
      • CHAPTER 4. Spousal and Child Support During Pendency of Proceeding. 3600-3604
      • CHAPTER 5. Expedited Child Support Order. 3620-3634
      • CHAPTER 6. Modification,termination, or Set Aside of Support Orders
        • Article 1. General Provisions. 3650-3654
        • Article 2. Discovery Before Commencing Modification or Termination Proceeding. 3660-3668
        • Article 3. Simplified Procedure for Modification of Support Order. 3680-3680.5
        • Article 4. Relief From Orders. 3690-3693
      • CHAPTER 7. Health Insurance
        • Article 1. Health Insurance Coverage for Supported Child. 3750-3753
        • Article 2. Health Insurance Coverage Assignment. 3760-3773
      • CHAPTER 8. Deferred Sale of Home Order. 3800-3810
      • CHAPTER 9. Software Used to Determine Support. 3830
    • PART 2. Child Support
      • CHAPTER 1. Duty of Parent to Support Child
        • Article 1. Support of Minor Child. 3900-3902
        • Article 2. Support of Adult Child. 3910
        • Article 3. Support of Grandchild. 3930
        • Article 4. Liability to Others Who Provide Support for Child 3950-3952
      • CHAPTER 2. Court-ordered Child Support
        • Article 1. General Provisions. 4000-4014
        • Article 2. Statewide Uniform Guideline. 4050-4076
        • Article 3. Payment to Court Designated County Officer; Enforcement by District Attorney. 4200-4205
        • Article 4. Child Support Commissioners. 4250-4253
    • PART 3. Spousal Support
      • CHAPTER 1. Duty to Support Spouse. 4300-4303
      • CHAPTER 2. Factors to Be Considered in Ordering Support. 4320-4326
      • CHAPTER 3. Spousal Support Upon Dissolution or Legal Separation 4330-4339
      • CHAPTER 4. Payment to Court-designated Officer; Enforcement by District Attorney. 4350-4352
      • CHAPTER 5. Provision for Support after Death of Supporting Party 4360
    • PART 4. Support of Parents
      • CHAPTER 1. General Provisions. 4400-4405
      • CHAPTER 2. Relief From Duty to Support Parent Who Abandoned Child. 4410-4414
    • PART 5. Enforcement of Support Orders
      • CHAPTER 1. General Provisions. 4500-4508
      • CHAPTER 2. Deposit of Money to Secure Future Child Support Payments
        • Article 1. General Provisions. 4550-4554
        • Article 2. Order for Deposit of Money. 4560-4563
        • Article 3. Application to Reduce or Eliminate Deposit. 4565-4567
        • Article 4. Use of Deposit to Make Delinquent Support Payment 4570-4573
      • CHAPTER 3. Deposit of Assets to Secure Future Child Support Payments
        • Article 1. General Provisions. 4600-4604
        • Article 2. Order for Deposit of Assets. 4610-4617
        • Article 3. Ex Parte Restraining Orders. 4620
        • Article 4. Use or Sale of Assets to Make Support Payments. 4630-4632
        • Article 5. Return of Assets of Obligor. 4640-4641
      • CHAPTER 4. Child Support Delinquency Reporting. 4700-4701
      • CHAPTER 5. Civil Penalty for Child Support Delinquency. 4720-4733
      • CHAPTER 6. Uniform Interstate Family Support Act
        • Article 1. General Provisions. 4900-4903
        • Article 2. Jurisdiction. 4905-4914
        • Article 3. Civil Provisions of General Application. 4915-4933
        • Article 4. Establishment of Support Order. 4935
        • Article 5. Enforcement of Order of Another State Without Registration. 4940-4946
        • Article 6. Enforcement and Modification of Support Order after Registration. 4950-4964
        • Article 7. Determination of Parentage. 4965
        • Article 8. Interstate Rendition. 4970-4971
        • Article 9. Miscellaneous Provisions. 4975-5005
      • CHAPTER 7. Enforcement by Writ of Execution. 5100-5104
      • CHAPTER 8. Earnings Assignment Order
        • Article 1. Definitions. 5200-5220
        • Article 2. General Provisions. 5230-5247
        • Article 3. Support Orders Issued or Modified Before July 1990. 5250-5253
        • Article 4. Stay of Service of Assignment Order. 5260-5261
        • Article 5. Motion to Quash Assignment Order. 5270-5272
        • Article 6. Information Concerning Address and Employment of Obligor. 5280-5282
        • Article 7. Prohibited Practices. 5290
        • Article 8. Judicial Council Forms. 5295
        • Article 9. Intercounty Support Obligations. 5600-5604
      • CHAPTER 9. Private Child Support Collectors. 5610-5616
  • DIVISION 10. Prevention of Domestic Violence
    • PART 1. Short Title and Definitions. 6200-6219
    • PART 2. General Provisions. 6220-6229
    • PART 3. Emergency Protective Orders
      • CHAPTER 1. General Provisions. 6240-6241
      • CHAPTER 2. Issuance and Effect of Emergency Protective Order. 6250-6257
      • CHAPTER 3. Duties of Law Enforcement Officer. 6270-6275
    • PART 4. Protective Orders and other Domestic Violence Prevention Orders
      • CHAPTER 1. General Provisions. 6300-6306
      • CHAPTER 2. Issuance of Orders
        • Article 1. Ex Parte Orders. 6320-6327
        • Article 2. Orders Issuable after Notice and Hearing. 6340-6346
        • Article 3. Orders Included in Judgment. 6360-6361
      • CHAPTER 3. Registration and Enforcement of Orders. 6380-6389
    • PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. 6400-6409
  • DIVISION 11. Minors
    • PART 1. Age of Majority. 6500-6502
    • PART 1.5. Caregivers. 6550-6552
    • PART 2. Rights and Liabilities; Civil Actions and Proceedings. 6600-6602
    • PART 3. Contracts
      • CHAPTER 1. Capacity to Contract. 6700-6701
      • CHAPTER 2. Disaffirmance of Contracts. 6710-6713
      • CHAPTER 3. Contracts in Art, Entertainment, and Professional Sports. 6750-6753
    • PART 4. Medical Treatment
      • CHAPTER 1. Definitions. 6900-6903
      • CHAPTER 2. Consent by Person Having Care of Minor or by Court 6910-6911
      • CHAPTER 3. Consent by Minor. 6920-6929
    • PART 5. Enlistment in Armed Forces. 6950
    • PART 6. Emancipation of Minors Law
      • CHAPTER 1. General Provisions. 7000-7002
      • CHAPTER 2. Effect of Emancipation. 7050-7052
      • CHAPTER 3. Court Declaration of Emancipation
        • Article 1. General Provisions. 7110-7111
        • Article 2. Procedure for Declaration. 7120-7123
        • Article 3. Voiding or Rescinding Declaration. 7130-7135
        • Article 4. Identification Cards and Information. 7140-7143
  • DIVISION 12. Parent and Child Relationship
    • PART 1. Rights of Parents. 7500-7507
    • PART 2. Presumption Concerning Child of Marriage and Blood Tests to Determine Paternity
      • CHAPTER 1. Child of Wife Cohabiting With Husband. 7540-7541
      • CHAPTER 2. Blood Tests to Determinepaternity. 7550-7558
      • CHAPTER 3. Establishment of Paternity by Voluntary Declaration 7570-7577
    • PART 3. Uniform Parentage Act
      • CHAPTER 1. General Provisions. 7600-7606
      • CHAPTER 2. Establishing Parent and Child Relationship. 7610-7614
      • CHAPTER 3. Jurisdiction and Venue. 7620
      • CHAPTER 4. Determination of Parent and Child Relationship
        • Article 1. Determination of Father and Child Relationship. 7630-7644
        • Article 1.5. Setting Aside or Vacating Judgment of Paternity 7645-7649.5
        • Article 2. Determination of Mother and Child Relationship. 7650
      • CHAPTER 5. Termination of Parental Rights in Adoption Proceedings. 7660-7670
      • CHAPTER 6. Protective and Restraining Orders
        • Article 1. Orders in Summons. 7700
        • Article 2. Ex Parte Orders. 7710
        • Article 3. Orders after Notice and Hearing. 7720
        • Article 4. Orders Included in Judgment. 7730
    • PART 4. Freedom From Parental Custody and Control
      • CHAPTER 1. General Provisions. 7800-7808
      • CHAPTER 2. Circumstances Where Proceeding May Be Brought. 7820-7829
      • CHAPTER 3. Procedure
        • Article 1. Authorized Petitioners. 7840-7841
        • Article 2. Venue. 7845
        • Article 3. Investigation and Report. 7850-7852
        • Article 4. Appointment of Counsel. 7860-7864
        • Article 5. Time for Hearing; Continuance. 7870-7871
        • Article 6. Notice of Proceeding and Attendance at Hearing. 7880-7884
        • Article 7. Hearing and Subsequent Proceedings. 7890-7895
    • PART 5. Interstate Compact on Placement of Children. 7900-7912
    • PART 6. Foster Care Placement Considerations. 7950-7952
    • PART 7. Surrogacy Facilitators. 7960-7961
  • DIVISION 13. Adoption
    • PART 1. Definitions. 8500-8548
    • PART 2. Adoption of Unmarried Minors
      • CHAPTER 1. General Provisions. 8600-8622
      • CHAPTER 1.5. Adoption Facilitators. 8623-8639
      • CHAPTER 2. Agency Adoptions. 8700-8720
      • CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents 8730-8736
      • CHAPTER 3. Independent Adoptions. 8800-8823
      • CHAPTER 4. Intercountry Adoptions. 8900-8925
      • CHAPTER 5. Stepparent Adoptions. 9000-9007
      • CHAPTER 6. Vacation of Adoption. 9100-9102
      • CHAPTER 7. Disclosure of Information. 9200-9209
      • CHAPTER 8. Adoption Proceedings:conflict of Laws. 9210-9212
    • PART 3. Adoption of Adults and Married Minors
      • CHAPTER 1. General Provisions. 9300-9307
      • CHAPTER 2. Procedure for Adult Adoption. 9320-9328
      • CHAPTER 3. Procedure for Terminating Adult Adoption. 9340
  • DIVISION 14. Family Law Facilitator Act. 10000-10015
  • DIVISION 17. Support Services
    • CHAPTER 1. Department of Child Support Services
      • Article 1. General. 17000
      • Article 2. Organization. 17200-17212
      • Article 3. Director of Child Support Services. 17300-17320
    • CHAPTER 2. Child Support Enforcement
      • Article 1. Support Obligations. 17400-17440
      • Article 1.5. Delinquent Child Support Obligations and Financial Institution Data Match. 17450-17460
      • Article 2. Collections and Enforcement. 17500-17561
      • Article 3. Program Compliance. 17600-17604
      • Article 4. Program Costs. 17701-17714
    • CHAPTER 5. Complaint Resolution. 17800-17804
  • DIVISION 20. Pilot Projects
    • PART 1. Family Law Pilot Projects
      • CHAPTER 1. General Provisions. 20000-20002
      • CHAPTER 2. San Mateo County Pilot Project. 20010-20026
      • CHAPTER 3. Santa Clara County Pilot Project. 20030-20043

DIVISION 1
Preliminary Provisions and Definitions

PART 1
Preliminary Provisions.

Section 1

This code shall be known as the Family Code.

Section 2

A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears.

Section 3

A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision.

Section 4

(a) As used in this section:

(1) "New law" means either of the following, as the case may be:

(A) The act that enacted this code.

(B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code.

(2) "Old law" means the applicable law in effect before the operative date of the new law.

(3) "Operative date" means the operative date of the new law.

(b) This section governs the application of the new law except to the extent otherwise expressly provided in the new law.

(c) Subject to the limitations provided in this section, the new law applies on the operative date to all matters governed by the new law, regardless of whether an event occurred or circumstance existed before, on, or after the operative date, including, but not limited to, commencement of a proceeding, making of an order, or taking of an action.

(d) If a document or paper is filed before the operative date, the contents, execution, and notice thereof are governed by the old law and not by the new law; but subsequent proceedings taken after the operative date concerning the document or paper, including an objection or response, a hearing, an order, or other matter relating thereto is governed by the new law and not by the old law.

(e) If an order is made before the operative date, or an action on an order is taken before the operative date, the validity of the order or action is governed by the old law and not by the new law. Nothing in this subdivision precludes proceedings after the operative date to modify an order made, or alter a course of action commenced, before the operative date to the extent proceedings for modification of an order or alteration of a course of action of that type are otherwise provided in the new law.

(f) No person is liable for an action taken before the operative date that was proper at the time the action was taken, even though the action would be improper if taken on or after the operative date, and the person has no duty, as a result of the enactment of the new law, to take any step to alter the course of action or its consequences.

(g) If the new law does not apply to a matter that occurred before the operative date, the old law continues to govern the matter notwithstanding its repeal or amendment by the new law.

(h) If a party shows, and the court determines, that application of a particular provision of the new law or of the old law in the manner required by this section or by the new law would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons in connection with an event that occurred or circumstance that existed before the operative date, the court may, notwithstanding this section or the new law, apply either the new law or the old law to the extent reasonably necessary to mitigate the substantial interference.

Section 5

Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.

Section 6

Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.

Section 7

Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made.

Section 8

Unless otherwise expressly stated:

(a) "Division" means a division of this code.

(b) "Part" means a part of the division in which that term occurs.

(c) "Chapter" means a chapter of the division or part, as the case may be, in which that term occurs.

(d) "Article" means an article of the chapter in which that term occurs.

(e) "Section" means a section of this code.

(f) "Subdivision" means a subdivision of the section in which that term occurs.

(g) "Paragraph" means a paragraph of the subdivision in which that term occurs.

(h) "Subparagraph" means a subparagraph of the paragraph in which that term occurs.

Section 9

The present tense includes the past and future tenses, and the future, the present.

Section 10

The singular number includes the plural, and the plural, the singular.

Section 11

A reference to "husband" and "wife," "spouses," or "married persons," or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.

Section 12

"Shall" is mandatory and "may" is permissive. "Shall not" and "may not" are prohibitory.

Section 13

If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.