Relief from Duty to Support a Parent in California

Division 9, Part 4, Chapter 2 of the Family Code deals with relief from the duty to support a parent when that parent abandoned the child.

Section 4410 allows an adult child to 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 must be filed in the county where the adult child resides.

Section 4411 requires the court to make the requested order only if the petition alleges and the court finds all three specified circumstances.

Section 4412 provides that, on the filing of a petition under this chapter, the clerk of the court must set the matter for hearing by the court and issue a citation directed to the parent and to the parent’s conservator. At least 5 days before the date of the hearing, the citation and a copy of the petition must be personally served on each person to whom it is directed.

Section 4413 states that, 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.

Section 4414 specifies that, if upon hearing the court determines that the requirements are satisfied, then the court must make an order that the petitioner is relieved from the obligation otherwise imposed by law to support the parent.