California Court of Appeal

In a child custody action, trial court's award of custody to non-parent is affirmed where: 1) Family Code sec. 3041 does not violate father's constitutional right to due process of law in regards to his parental rights as the statute requires a finding of clear and convincing evidence of detriment to the child as well as a finding of what is in the best interests of the child in awarding custody to a non-parent; and 2) there is no constitutional deficiency in permitting custody to be awarded to a non-parent without a finding of parental unfitness as a requirement of finding a detriment to the child from parental custody achieves a proper balance that comports with constitutional due process.

Appellate Information

• Decided 05/08/2009
• Published 05/08/2009

Judges

• HALLER, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Suppa, Trucchi & Henein, Teresa Trucchi and James J. Blackburn, San Diego, for Objector and Appellant., No appearance for Petitioner.


• For Appellees:
  
• No appearance for Respondents.