IN RE AUSTIN P., D043560
The court may not immediately grant sole legal and physical custody of a child to a nonoffending noncustodial parent requesting custody under Welfare and Institutions Code section 361.2(a). If there is no showing of detriment, the court must order temporary placement of the child with that parent, then decide whether there is a need for ongoing supervision, in which case the court is to continue its jurisdiction.
- Decided 05/21/2004
- Published 05/21/2004
- California Court of Appeal
- For Appellant:
- Suzanne F. Evans, San Diego, under appointment by the Court of Appeal, for Minor.
- For Appellees:
- Valerie N. Lankford, under appointment by the Court of Appeal, for Defendant and Appellant., John J. Sansone, County Counsel, Susan Strom, Chief Deputy County Counsel, Christa Baxter, Deputy County Counsel, for Plaintiff and Respondent.