What is the current state of the law on temporary custody of children when an allegation of serious sexual abuse is made against a parent?

California, United States of America


The following excerpt is from Galicia v. Spencer, D063758, D064441 (Cal. App. 2015):

constitutionally protected interest that parents have in the custody, care and management of their children is not absolute; it is "limited by the compelling governmental interest in the protection of children . . . . [Citation.] The right to familial integrity, in other words, does not include a right to remain free from child abuse investigations." (Croft v. Westmoreland County Children and Youth Services (3rd Cir. 1997) 103 F.3d 1123, 1125 (Croft).) "An indictment or serious allegations of abuse which are investigated and corroborated usually gives rise to a reasonable inference of imminent danger sufficient to justify taking children into temporary custody." (Ram v. Rubin (9th Cir. 1997) 118 F.3d 1306, 1311.)

Other Questions


In a sexual assault case involving a minor, what is the difference between a new allegation of sexual abuse and the original allegation? (California, United States of America)
Is a motion to change custody from the custodial parent to the non-custodial parent subject to the detriment standard? (California, United States of America)
What is the current state of the law on custody of children when the parents have become reconciled? (California, United States of America)
What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (California, United States of America)
What is the test for determining whether a parent is a custodial parent or a non-custodial parent? (California, United States of America)
When a parent who has sole physical custody under an existing judicial custody order seeks to relocate, does the court have to determine that the custodial parent's relocation is necessary? (California, United States of America)
What is the current state of the law on the power of a trial court to dismiss or dismiss an allegation of sexual assault? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.