nonparent against claim in California

13 California opinions name it 2 courts 1974–2022 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
In Re BGgreen cal · 1974 · cited in 11 California opinions naming this issue, 1974–2003 2 sentences 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P. 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P.	3	11
In Re Cheryl H.green calctapp · 1984 · cited in 3 California opinions naming this issue, 1995–1998 2 sentences 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P. 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P.	2	3
Department of Social Services v. Janice P.green calctapp · 1976 · cited in 3 California opinions naming this issue, 1995–1998 2 sentences 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P. 1998The History of the Standard of Proof "Before making an order granting custody to a person or persons other than a parent, without the consent of the parents, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child...." (Fam.Code, § 3041.) A court may "award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child." ( In re B.G. (1974) 11 Cal.3d 679 , 699, 114 Cal.Rptr. 444 , 523 P.	2	3
In Re Jamie M.green calctapp · 1982 · cited in 2 California opinions naming this issue, 1995–1998 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	2	2
In Re Jeannette v. Margerygreen calctapp · 1979 · cited in 2 California opinions naming this issue, 1995–1998 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	2
In Re WOgreen calctapp · 1979 · cited in 1 California opinions naming this issue, 1998–1998 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1
Guardianship of Phillip B.green calctapp · 1983 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995(Guardianship of Phillip B. (1983) 139 Cal.App.3d 407, 421 [ 188 Cal.Rptr. 781 ] [hereafter Phillip B.]; In re Robert P. (1976) 61 Cal.App.3d 310, 317, 320 [ 132 Cal.Rptr. 5 ]; In re Cheryl H. (1984) 153 Cal.App.3d 1098, 1114 [ 200 Cal.Rptr. 789 ]; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 [ 184 Cal.Rptr. 778 ]; In re Jeannette S. (1979) 94 Cal.App.3d 52, 60 [ 156 Cal.Rptr. 262 ]; In re W. 1995(Guardianship of Phillip B. (1983) 139 Cal.App.3d 407, 421 [ 188 Cal.Rptr. 781 ] [hereafter Phillip B.]; In re Robert P. (1976) 61 Cal.App.3d 310, 317, 320 [ 132 Cal.Rptr. 5 ]; In re Cheryl H. (1984) 153 Cal.App.3d 1098, 1114 [ 200 Cal.Rptr. 789 ]; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 [ 184 Cal.Rptr. 778 ]; In re Jeannette S. (1979) 94 Cal.App.3d 52, 60 [ 156 Cal.Rptr. 262 ]; In re W.	1	1
Adoption of Irbygreen calctapp · 1964 · cited in 1 California opinions naming this issue, 1974–1974 2 sentences 1974(Adoption of Irby, 226 Cal.App.2d 238, 242 [ 37 Cal.Rptr. 879 ]; see Adoption of Pierce, 15 Cal.App.3d 244, 248-251 [ 93 Cal.Rptr. 171 ].) By contrast a legitimate father, like a legitimate or illegitimate mother, enjoys a full panoply of parental rights, including custodial preference under Civil Code section 4600—which states that before custody of a child can be awarded to a nonparent without the consent of the parents, the court “shall make a finding that an award of custody to a parent would be detrimental to the child.” The Supreme Court recently declared that section 4600 permits an awa 1974(Adoption of Irby, 226 Cal.App.2d 238, 242 [ 37 Cal.Rptr. 879 ]; see Adoption of Pierce, 15 Cal.App.3d 244, 248-251 [ 93 Cal.Rptr. 171 ].) By contrast a legitimate father, like a legitimate or illegitimate mother, enjoys a full panoply of parental rights, including custodial preference under Civil Code section 4600—which states that before custody of a child can be awarded to a nonparent without the consent of the parents, the court “shall make a finding that an award of custody to a parent would be detrimental to the child.” The Supreme Court recently declared that section 4600 permits an awa	1	1
Adoption of Piercegreen calctapp · 1971 · cited in 1 California opinions naming this issue, 1974–1974 2 sentences 1974(Adoption of Irby, 226 Cal.App.2d 238, 242 [ 37 Cal.Rptr. 879 ]; see Adoption of Pierce, 15 Cal.App.3d 244, 248-251 [ 93 Cal.Rptr. 171 ].) By contrast a legitimate father, like a legitimate or illegitimate mother, enjoys a full panoply of parental rights, including custodial preference under Civil Code section 4600—which states that before custody of a child can be awarded to a nonparent without the consent of the parents, the court “shall make a finding that an award of custody to a parent would be detrimental to the child.” The Supreme Court recently declared that section 4600 permits an awa 1974(Adoption of Irby, 226 Cal.App.2d 238, 242 [ 37 Cal.Rptr. 879 ]; see Adoption of Pierce, 15 Cal.App.3d 244, 248-251 [ 93 Cal.Rptr. 171 ].) By contrast a legitimate father, like a legitimate or illegitimate mother, enjoys a full panoply of parental rights, including custodial preference under Civil Code section 4600—which states that before custody of a child can be awarded to a nonparent without the consent of the parents, the court “shall make a finding that an award of custody to a parent would be detrimental to the child.” The Supreme Court recently declared that section 4600 permits an awa	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Guardianship of Stephen G. green calctapp · 1995 1 sentence 2022(Guardianship of Stephen G. (1995) 40 Cal.App.4th 1418, 1423-1424 .) 5 permitted a trial court “to award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child.	1	2022–2022
Butte County Department of Social Welfare v. Ora D. green calctapp · 1978 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
In Re Christopher B. green calctapp · 1978 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
O'Neal v. Jeremy C. green calctapp · 1980 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
In Re Mark green calctapp · 1986 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
Detrich v. Carolyn B. green cal · 1978 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
James E. v. Donna K. green calctapp · 1977 2 sentences 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p 1998Code, § 361, subd. (b).]; former Civ.Code, § 4600; In re Jamie M. (1982) 134 Cal.App.3d 530, 535, 536 , 184 Cal.Rptr. 778 ["Before a dispositional order which awards custody to a nonparent without the consent of the parents can be rendered, there must be a clear and convincing showing an award to the parents would be detrimental to the child and that an award of custody to a nonparent is essential to avert harm to the child and required to serve the best interests of the child."]; In re W.O. (1979) 88 Cal.App.3d 906, 909, 911 , 152 Cal. Rptr. 130 [In Welfare and Institutions Code section 300 p	1	1998–1998
In Re TMR green calctapp · 1974 1 sentence 1978Furthermore, in a proceeding to terminate parental rights, section 4600 requires a finding that custody in a parent would be detrimental to the child and custody in a nonparent would be necessary to further the child's best interests. ( In re T.M.R., supra, 41 Cal. App.3d 694 , 703-704.) This court in In re B.G., supra, 11 Cal.3d 679 , 698-699, stated: "[W]e conclude that section 4600 permits the ... court to award custody to a nonparent against the claim of a parent only upon a clear showing that such award is essential to avert harm to the child.	1	1978–1978

Statutes the citing opinions construe

CA § Cal. Civil Code § 4600 (6) CA § Cal. Family Code § 3041 (4) CA § Cal. Probate Code § 1514 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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