California Probate Code

§ 1516.5

PROB § 1516.5 Effective Jan 1, 2011Div. 4 · Part 2 · Ch. 1 · Art. 2

Statute text

(a)A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied:

(1)One or both parents do not have the legal custody of the child.

(2)The child has been in the physical custody of the guardian for a period of not less than two years.

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Legislative history

Amended by Stats. 2010, Ch. 588, Sec. 9. (AB 2020) Effective January 1, 2011.