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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 6§ 7881 Child Custody Notice Requirements

§ 7881 Child Custody Notice Requirements

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

§ 7881 Child Custody Notice Requirements

Key Takeaways

  • •If someone wants to take a child away from their parents (like for adoption), they have to tell the parents first. If they can't find the parents, they tell grandparents, aunts, uncles, or older siblings instead.
  • •The notice must tell them when and where to go to talk about it. It also explains their rights and what could happen, like if the child might be adopted.
  • •If a parent already said it's okay for the child to be adopted, they don’t need to get the notice.
  • •The notice must be given at least 10 days before the meeting.

Example

Aunt Sarah wants to adopt her niece, Lily, because Lily’s parents can’t take care of her. But no one knows where Lily’s dad lives.

The court will send a notice to Lily’s mom (if they know where she is) and to Lily’s grandparents, aunts, uncles, or older cousins. The notice will tell them when to come to court and that Lily might be adopted. If Lily’s mom already said it’s okay for Aunt Sarah to adopt Lily, then the mom doesn’t need to get the notice.

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

Official Source
View on CA.gov

§ 7881 Child Custody Notice Requirements

(a) Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the citation shall be served on the grandparents and adult brothers, sisters, uncles, aunts, and first cousins of the child, if there are any and if their residences and relationships to the child are known to the petitioner. (b) The citation shall advise the person or persons that they may appear at the time and place stated in the citation. The citation shall also advise the person or persons of the rights and procedures set forth in Article 4 (commencing with Section 7860). If the petition is filed for the purpose of freeing the child for placement for adoption, the citation shall so state. (c) The citation shall be served in the manner provided by law for the service of a summons in a civil action, other than by publication. If one parent has relinquished the child for the purpose of adoption, or has signed a consent for adoption as provided in Sections 8700, 8814, or 9003, notice as provided in this section need not be given to the parent who has signed the relinquishment or consent. (d) Service of the citations required by this section shall be made at least 10 days before the time stated in the citation for the appearance. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

citationnotice of the proceedingservicerights and proceduresArticle 4freeing the child for placement for adoption

Related Statutes

  • § 7880 Child Custody Court Citation
  • § 7882 Parent Service By Publication
  • § 7883 Failure To Appear Contempt
  • § 1836 Hearing Notice And Citation
  • § 7884 Juvenile Court Privacy Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7881.
View Official Source