Chapter 2. Relief From Duty To Support Parent Who Abandoned Child of California Family Law Code >> Division 9. >> Part 4. >> Chapter 2.
An adult child may file a petition in the county where a
parent of the child resides requesting that the court make an order
freeing the petitioner from the obligation otherwise imposed by law
to support the parent. If the parent does not reside in this state,
the petition shall be filed in the county where the adult child
The court shall make the order requested pursuant to Section
4410 only if the petition alleges and the court finds all of the
(a) The child was abandoned by the parent when the child was a
(b) The abandonment continued for a period of two or more years
before the time the child attained the age of 18 years.
(c) During the period of abandonment the parent was physically and
mentally able to provide support for the child.
On the filing of a petition under this chapter, the clerk
shall set the matter for hearing by the court and shall issue a
citation, stating the time and place of the hearing, directed to the
parent and to the parent's conservator, if any, or, if the parent is
deceased, the personal representative of the parent's estate. At
least five days before the date of the hearing, the citation and a
copy of the petition shall be personally served on each person to
whom it is directed, in the same manner as provided by law for the
service of summons.
If the parent is a resident of this state, the court does not
have jurisdiction to make an order under this chapter until 30 days
after the county counsel, or the district attorney in a county not
having a county counsel, of the county in which the parent resides
has been served with notice of the pendency of the proceeding.
(a) If, upon hearing, the court determines that the
requirements of Section 4411 are satisfied, the court shall make an
order that the petitioner is relieved from the obligation otherwise
imposed by law to support the parent.
(b) An order under this section also releases the petitioner with
respect to any state law under which a child is required to do any of
(1) Pay for the support, care, maintenance, and the like of a
(2) Reimburse the state or a local public agency for furnishing
the support, care, maintenance, or the like of a parent.