California Rules Of Court Guardian Ad Litem – Family Code 7635
Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer
California Code, Family Code – FAM § 7635
§ 7635. Parties
(a) The child may, if under the age of 12 years, and shall, if 12 years of age or older, be made a party to the action. If the child is a minor and a party to the action, the child shall be represented by a guardian ad litem appointed by the court. The guardian ad litem need not be represented by counsel if the guardian ad litem is a relative of the child.
(b) A natural parent, each person presumed to be a parent under Section 7611 or 7540 , each person who is a parent of the child under Section 7613 or 7962 , and each person alleged to be the genetic parent unless precluded under this division from establishing parentage based on genetic testing, shall be given notice of the action in the manner prescribed in Section 7666 and an opportunity to be heard, and shall be made a party if they request to be joined. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the petition to establish parental relationship, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case.
(c) The court may align the parties.
(d) In any initial or subsequent proceeding under this chapter where custody of, or visitation with, a minor child is in issue, the court may, if it determines it would be in the best interest of the minor child, appoint private counsel to represent the interests of the minor child pursuant to Chapter 10 (commencing with Section 3150 ) of Part 2 of Division 8.
Explanation and Examples
Who is Involved in a Parentage Case?
(a) The Child’s Role
If the child is younger than 12, they can be part of the court case. If the child is 12 or older, they must be part of it. If the child is part of the case and under 18, the court will appoint an adult, called a guardian ad litem, to represent the child. This guardian doesn’t need to have a lawyer if they are a relative of the child.
Example:
Sam is 10 years old, and there is a case to determine who Sam’s father is. The court can include Sam in the case but doesn’t have to. If they do, the court will appoint someone like Sam’s aunt to speak on Sam’s behalf.
(b) Parents and Other Involved Adults
The biological parents, people who are presumed to be parents, and anyone alleged to be the child’s genetic parent (unless legally blocked) must be informed about the case. They also have the right to speak in court and ask to be officially included in the case. If one of the parents is under 18, they don’t need a guardian ad litem unless they can’t understand the court process or help their lawyer with the case.
Example:
Maria says Joe is the father of her child, but Joe denies it. Joe must be told about the case and given the chance to join it to prove whether or not he is the father. If Maria is 17 but understands the case, she doesn’t need a guardian ad litem.
(c) Aligning Parties
The court has the power to organize or group the people involved in the case based on their roles or interests.
Example:
In a case where two adults claim to be a child’s parent, the court might group the two adults together as one “side” of the case, while the child and their guardian ad litem are on the other side.
(d) Lawyer for the Child
If there is a disagreement over custody or visitation (who the child lives with or sees), the court can appoint a private lawyer to represent the child if it’s in the child’s best interest.
Example:
Mia’s parents are arguing about where she should live. The court might give Mia her own lawyer to make sure her wishes and needs are considered separately from her parents’ arguments.