Current through the 2024 Legislative Session.
Section 7825 - Parent convicted of felony(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.Amended by Stats 2019 ch 115 (AB 1817),s 101, eff. 1/1/2020.Amended by Stats 2006 ch 806 (SB 1325),s 5, eff. 1/1/2007.