CALIFORNIA FAMILY LAW
...Domestic Violence
......Visitation and Custody Orders
5 Cards On This Topic:

DVPA action does not give person who has not established a parent and child relationship pursuant to Fam. Code §6323 (a)(2) a right to custody of a minor child.

UCCJEA is the basis on which SMJ is predicated, while DVPA is the "procedural vehicle" to invoke SMJ as otherwise authorized by the UCCJEA; UCCJEA specifically applies in DV proceedings.

Court should not make order inconsistent with TRO or protective order without specific findings; procedures for visitation.

Court lacked authority under DVPA and UPA to order visitation for non-parent claiming to be presumed father where biological parents objected.

Superior court has no jurisdiction under DVPA to award temporary custody of child to non-parent.