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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 5§ 7870 Child Custody Termination Hearings

§ 7870 Child Custody Termination Hearings

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

§ 7870 Child Custody Termination Hearings

Key Takeaways

  • •The court wants to decide cases about taking away a parent's rights over their child as quickly as possible.
  • •The hearing must happen within 45 days after the case is filed.
  • •If no one shows up to fight the case, the judge can make a decision right away using the papers that were filed.
  • •If someone does show up to fight, the case gets a trial date and goes before other civil cases.

Example

A child is taken away from their parents because they are not being cared for properly. The government files a case to officially end the parents' rights.

The court must set a hearing within 45 days. If the parents don't show up to fight it, the judge can decide right away. If the parents do show up, the case gets a trial date and is prioritized over other cases.

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

Official Source
View on CA.gov

§ 7870 Child Custody Termination Hearings

(a) It is the public policy of this state that judicial proceedings to declare a child free from parental custody and control shall be fully determined as expeditiously as possible. (b) Notwithstanding any other provision of law, a proceeding to declare a child free from parental custody and control pursuant to this part shall be set for hearing not more than 45 days after the filing of the petition. If, at the time set for hearing, or at any continuance thereof, service has been completed and no interested person appears to contest, the court may issue an order based on the verified pleadings and any other evidence as may be submitted. If any interested person appears to contest the matter, the court shall set the matter for trial. The matter so set has precedence over all other civil matters on the date set for trial. (c) The court may continue the proceeding as provided in Section 7864 or Section 7871. (Amended by Stats. 2012, Ch. 638, Sec. 4. (AB 1757) Effective January 1, 2013.)

Last verified: January 21, 2026

Key Terms

judicial proceedingsfree from parental custody and control45 daysverified pleadingsprecedence over all other civil matters

Related Statutes

  • § 4640 Child Support Asset Release
  • § 4641 Real Property Deposit Release
  • § 7871 Continuance Request Requirements
  • § 1620 Spousal Contract Limitations
  • § 1830 Family Conciliation Court Jurisdiction

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7870.
View Official Source