Home » Marriage / Relationships Articles » Courtney Love's Case Highlights Non-Parental Custody in California
Courtney Love's Case Highlights Non-Parental Custody in California
Courtney Love's continued struggle to retain custody of her child with Kurt Cobain, Frances Bean, highlights California law regarding child custody.
January 30, 2010 /Marriage - Relationships PR News/ -- Courtney Love's Case Highlights Non-Parental Custody in California
For the third time, Courtney Love has lost custody of her daughter, Frances Bean. On December 11, a Los Angeles judge stripped Love of legal guardianship and placed her daughter, now 17-years-old, under the care of her paternal grandmother and aunt, the mother and sister, respectively, of Love's late husband, Kurt Cobain.
The judge also issued a temporary restraining order, barring Love from having any contact with her child. Details from the case are still emerging, though rumors indicate that domestic violence may have been a factor.
Love first lost custody of Frances Bean not long after the child's birth when she admitted to using drugs while pregnant. Love regained custody soon after, but lost it again in 2003 after overdosing on oxycodone. After completing drug treatment in 2005, Love regained custody for a second time.
At this point, the future of her relationship with her daughter is anything but clear.
Under California law, custody preference is given first to both parents or, if this is not feasible, to the remaining parent or parent deemed worthy of custody. If it is not feasible to give either parent custody, then a child will be placed with the "person or persons in whose home the child has been living in a wholesome and stable environment."
If neither of these options is present, then the court will award custody to a third party whom it deems "suitable and able to provide adequate and proper care." In this case, Frances Bean's grandmother and aunt fit the bill.
These guidelines apply to both child custody contests during a divorce and situations like this one in which the court seeks to declare a child free from the control of his or her parents.
No matter the situation, the primary consideration of the court is the best interests of the child, regardless of the parents' custody preference. Prior to removing a child from parental custody, the court must find proof that leaving the child under parental custody would be detrimental to the child. To stand, this finding must be supported by "clear and convincing evidence."
If you are facing a child custody case, or are concerned for the well-being of a child in a relative's care, contact an experienced San Jose family law attorney for advice on how to proceed.
Article provided by Dominion Law Group, LLP
Visit us at www.dominionlaw.com
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