Polin

This case addresses the propriety of a temporary child custody order issued in an action brought pursuant to the Domestic Violence Prevention Act (Code Civ. Proc., § 540 et seq.). We conclude the act confers jurisdiction on the superior court to enter a temporary child custody order only if the minor is the child of the petitioner and respondent in the Domestic Violence Prevention Act proceeding. Because the present case involves a dispute between sisters, the superior court lacked jurisdiction to adjudicate child custody and the court’s order awarding temporary custody of the minor to the child’s aunt is void.

Facts and Procedural Background

Margarita Polin, a Mexican national, gave birth to a son, Fortunato Diego R., in June 1990 while Polin was an inmate in state prison. Due to her incarceration and her lack of knowledge as to the whereabouts of the child’s father, Polin entered into a “temporary custody agreement” with her sister, Elvira Cosio. The agreement gave Cosio custody of Fortunato through December 30, 1991, the date Polin expected to be released from prison. Polin was released from the Department of Corrections in July 1991, but remained in custody due to…