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HomeFamily CodeDiv. 12Pt. 4Ch. 1§ 7807 Child Custody Proceeding Stay

§ 7807 Child Custody Proceeding Stay

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

§ 7807 Child Custody Proceeding Stay

Key Takeaways

  • •Some usual family court rules don’t apply when a parent wants to stop being a parent.
  • •While the court decides, most other family cases (like custody fights) get paused.
  • •The court can still handle emergency stuff like domestic violence orders.

Example

A mom files papers to give up her rights as a parent.

While the judge decides, other fights about who gets the kid are put on hold. But if the dad is hurting the kid, the court can still make orders to protect them.

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

Official Source
View on CA.gov

§ 7807 Child Custody Proceeding Stay

(a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (b) Except as provided in this subdivision and subdivision (c), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to free the minor from parental custody and control under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition. (c) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings. (Amended by Stats. 2014, Ch. 763, Sec. 5. (AB 1701) Effective January 1, 2015.)

Last verified: January 21, 2026

Key Terms

visitationpetitionmotioncustodydomestic violencejurisdictionprobate codeinstitutions code

Related Statutes

  • § 3020 Child Custody Best Interests
  • § 6402 Enforcing Foreign Protection Orders
  • § 20000 Child Spousal Support System
  • § 1830 Family Conciliation Court Jurisdiction
  • § 3173 Custody Mediation Petition Process

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7807.
View Official Source