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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 7§ 7893 Child Custody Termination Actions

§ 7893 Child Custody Termination Actions

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

§ 7893 Child Custody Termination Actions

Key Takeaways

  • •If a court says a child doesn't have to live with their parents anymore, the court must either pick a guardian for the child or send the child to an adoption agency.
  • •If the child is sent to an adoption agency, the agency takes care of the child and has full control until the child is adopted.
  • •Once the child is with the adoption agency, no one can ask to be the child's guardian without the agency's okay.
  • •The child can't be adopted until the parents have no more chances to appeal the court's decision.

Example

A child is taken away from their parents because it's not safe at home. The court decides the parents can't take care of the child anymore.

The court will either choose a guardian (like a family member) to take care of the child or send the child to an adoption agency. If the child goes to an adoption agency, the agency is in charge until the child is adopted. The parents can try to appeal, but the child won't be adopted until their appeals are done.

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

Official Source
View on CA.gov

§ 7893 Child Custody Termination Actions

(a) If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions: (1) Appoint a guardian for the child. (2) At the request of the State Department of Social Services or a licensed adoption agency, or where the court finds it is in the child’s best interest, refer the child to a licensed adoption agency for adoptive placement by the agency. (b) When the court refers the child to a licensed adoption agency for adoptive placement by the agency: (1) The agency is responsible for the care of the child and is entitled to the exclusive custody and control of the child at all times until a petition for adoption has been granted. (2) After the referral, no petition for guardianship may be filed without the consent of the agency. (3) No petition for adoption may be heard until the appellate rights of the natural parents have been exhausted. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

custody and controlguardianlicensed adoption agencyadoptive placementbest interestpetition for adoptionappellate rights

Related Statutes

  • § 7122 Minor Emancipation Declaration
  • § 7840 Freeing Child From Parental Control
  • § 7841 Free Child Custody Control Petition
  • § 7842 Single Petition Sibling Freedom
  • § 7890 Child’S Wishes In Proceedings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7893.
View Official Source