County of San Diego Dept. of Child Support Services v. C.A. : Child Support; Grandparent Custody
County of San Diego Dept. of Child Support Services v. C.A. (Child Support; Grandparent Custody)
California Court of Appeal, Fourth District
Published Opinion, (2019) 34 Cal.App.5th 614
In the case County of San Diego Dept. of Child Support Services v. C.A. (Child Support; Grandparent Custody), the county sought child support against the mother of a child who was in the sole custody of the child’s grandmother in Maryland. The family court denied the petition, finding that the grandmother was voluntarily providing support. The appellate court reversed, holding that the family court improperly applied Family Code section 3951, subdivision (a), which provides no reimbursement to who is voluntarily supporting the parent’s child and there is no compensation agreement between the parties. The court held that the grandmother’s custody was not “voluntary” as used in Family Code section 3951. “Absolving Mother of her obligation to support J.H. is inconsistent with her parental duty to support her child (§ 3900) and the state’s public policy of ensuring adequate child support [citation], and it would discourage relatives from seeking an award of legal and physical custody when a child is in need.”
SDDCSS v. C.A. 4-22-19
The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.