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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 3§ 7851 Child Custody Investigation Report

§ 7851 Child Custody Investigation Report

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7851 Child Custody Investigation Report

Key Takeaways

  • •A report must be made to help the court decide what's best for a child when parents might lose custody.
  • •The report includes the child's feelings about their parents and the court case.
  • •The child must be told they can go to the court hearing and how they feel about it.
  • •If the child is too young or can't understand, the report explains why.

Example

A 10-year-old kid is in a court case where the judge might take them away from their parents.

Someone like a social worker talks to the kid about what's happening, asks how they feel about their parents, and tells them they can go to the court hearing if they want. Then, they write a report for the judge to help decide what's best for the kid.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7851 Child Custody Investigation Report

(a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child. (b) The report shall include all of the following: (1) A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control. (2) A statement of the child’s feelings and thoughts concerning the pending proceeding. (3) A statement of the child’s attitude towards the child’s parent or parents and particularly whether or not the child would prefer living with the parent or parents. (4) A statement that the child was informed of the child’s right to attend the hearing on the petition and the child’s feelings concerning attending the hearing. (c) If the age, or the physical, emotional, or other condition of the child precludes the child’s meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision. (d) The court shall receive the report in evidence and shall read and consider its contents in rendering the court’s judgment. (Amended by Stats. 2019, Ch. 115, Sec. 102. (AB 1817) Effective January 1, 2020.)

Last verified: January 21, 2026

Key Terms

written reportbest interest of the childright to attend the hearingchild’s feelings and thoughtschild’s attitude towards the child’s parent or parents

Related Statutes

  • § 3590 Spousal Support Agreement Severability
  • § 3591 Spousal Support Modification Rules
  • § 3592 Spousal Support After Bankruptcy
  • § 3593 Property Settlement Agreement Dates
  • § 4620 Temporary Property Transfer Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7851.
View Official Source