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HomeFamily CodeDiv. 12Pt. 3Ch. 4Art. 1§ 7635 Child Party Representation Rules

§ 7635 Child Party Representation Rules

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7635 Child Party Representation Rules

Key Takeaways

  • •Kids under 12 can be part of a court case about them, but kids 12 or older must be included.
  • •A special guardian is appointed to help the child in court, but this guardian doesn’t need a lawyer if they’re a relative.
  • •Parents or people who might be parents must be told about the case and can join if they want.
  • •The court can decide to give the child their own lawyer if it’s good for the child.

Example

A 13-year-old kid’s parents are fighting in court over who gets to take care of them.

The kid must be part of the case, and the court will give them a guardian to help. The parents will be told about the case and can join if they want. The court might also give the kid their own lawyer if it’s better for them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7635 Child Party Representation Rules

(a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child. (b) A natural parent, each person presumed to be a parent under Section 7611 or 7540, each person who is a parent of the child under Section 7613 or 7962, and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case. (c) The court may align the parties. (d) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of Division 8. (Amended by Stats. 2018, Ch. 876, Sec. 52. (AB 2684) Effective January 1, 2019.)

Last verified: January 21, 2026

Key Terms

guardian ad litemnatural parentpresumed parentgenetic parent

Related Statutes

  • § 7630 Parent-Child Relationship Actions
  • § 7632 Parental Agreements Not Binding
  • § 7640 Court Costs In Paternity Cases
  • § 2040 Child Custody And Asset Restrictions
  • § 2041 Purchaser Rights Under Restraining Order

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7635.
View Official Source