What is the test for a defendant's claim that his interest as a parent in the companionship, care and management of his child is compelling?

California, United States of America


The following excerpt is from Dolly A., In re, 177 Cal.App.3d 195, 222 Cal.Rptr. 741 (Cal. App. 1986):

Defendant argues that his interest as "a parent in the companionship, care, custody and management of his [child] is a compelling one, ranked among the most basic of civil rights." (In re B.G. (1974) 11 Cal.3d 679, 688, 114 Cal.Rptr. 444, 523 P.2d 244; Stanley v. Illinois (1972) 405 U.S. 645, 651-652, 92 S.Ct. 1208, 1212-1213, 31 L.Ed.2d 551.) This interest was, he argues, infringed upon when the court refused to grant him a continuance, and he was then forced to elect whether to testify at the dependency proceeding and run the risk that his testimony would be used either directly or indirectly in his criminal prosecution or to decline to testify and forego defending his rights to custody of Dolly.

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the effect of the statute of limitations on a claim brought by a child against her parent for child support? (California, United States of America)
Is a defendant's conflict of interest with the public defender's office sufficient to compel the appointment of substitute counsel? (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)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does a lack of good cause or compelling interest against disclosure preclude a defendant from making a claim of juror misconduct? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.