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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 6§ 304 Juvenile Court Custody Exclusivity

§ 304 Juvenile Court Custody Exclusivity

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 304 Juvenile Court Custody Exclusivity

Key Takeaways

  • •Once a case about a child's safety is filed in juvenile court, no other court can decide where the child lives or who takes care of them until the case is over.
  • •The juvenile court is the only court that can make decisions about the child's custody while the case is going on.
  • •The juvenile court can look at the same records and information that a family court would use to make custody decisions.
  • •If the child is no longer under the juvenile court's care, then family court can handle custody issues again.

Example

A child is taken away from their parents because they are not safe at home. A case is started in juvenile court to decide what happens next.

While this case is happening, no other court can decide where the child lives or who takes care of them. Only the juvenile court can make those decisions. If the parents later want to change where the child lives, they have to go through the juvenile court, not family court.

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

Official Source
View on CA.gov

§ 304 Juvenile Court Custody Exclusivity

After a petition has been filed pursuant to Section 311, and until the time that the petition is dismissed or dependency is terminated, no other division of any superior court may hear proceedings pursuant to Part 2 (commencing with Section 3020) of Division 8 of the Family Code regarding the custody of the child or proceedings under Part 2 (commencing with Section 1500) of Division 4 of the Probate Code, except as otherwise authorized in this code, regarding the establishment of a guardianship for the child. While the child is under the jurisdiction of the juvenile court all issues regarding his or her custody shall be heard by the juvenile court. In deciding issues between the parents or between a parent and a guardian regarding custody of a child who has been adjudicated a dependent of the juvenile court, the juvenile court may review any records that would be available to the domestic relations division of a superior court hearing that matter. The juvenile court, on its own motion, may issue an order as provided for in Section 213.5, or as described in Section 6218 of the Family Code. The Judicial Council shall adopt forms for these restraining orders. These form orders shall not be confidential and shall be enforceable in the same manner as any other order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code. This section shall not be construed to divest the domestic relations division of a superior court from hearing any issues regarding the custody of a child when that child is no longer a dependent of the juvenile court. (Amended by Stats. 1998, Ch. 1054, Sec. 7. Effective January 1, 1999.)

Last verified: January 23, 2026

Key Terms

dependentguardianshipmotionrestraining ordercustodyhearingfamily codepetition

Related Statutes

  • § 302 Juvenile Court Parental Rights
  • § 317 Court-Appointed Counsel For Parents
  • § 340 Minor Protective Custody Warrants
  • § 366.22 Permanency Review Hearing Rules
  • § 728 Juvenile Guardianship Modification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 304.
View Official Source