In Re Baby Girl M.
688 P.2d 918 · California Supreme Court · 1984
Facts
Edward M. was not informed of his child's birth until weeks later, after the mother had relinquished the newborn for adoption. He immediately sought custody, but the child was placed with prospective adoptive parents. The trial court terminated Edward's parental rights, finding him a good parent but ruling it was in the child's best interests to remain with the adoptive parents, without finding detriment to the child if Edward had custody.
Issue
Did the trial court err by terminating a natural father's parental rights based solely on the child's best interests, without first determining if awarding custody to the father would be detrimental to the child, in a Civil Code section 7017 proceeding?
Holding
Yes, the Supreme Court reversed the judgment, holding that Civil Code section 4600's detriment standard applies to section 7017, subdivision (d) termination proceedings. The trial court erred by not first determining if granting custody to the natural father would be detrimental to the child.
Rule
Civil Code section 4600 mandates that in any proceeding where child custody is at issue, custody cannot be awarded to nonparents without a finding that an award to a parent would be detrimental to the child. This "detriment standard" applies to proceedings to terminate a natural father's parental rights under Civil Code section 7017, subdivision (d).
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