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California legal term

right to custody in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “right to custody” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “right to custody” mean in California criminal law?

“right to custody” means the right to the physical care, custody, and control of a child pursuant to a custody order as defined in subdivision (b) or, in the absence of a court order, by operation of law, or pursuant to the Uniform Parentage Act contained in Part 3 (commencing with Section 7600) of Division 12 of the Family Code. (Cal. Penal Code § 277)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.