C.A.
Cnty. of San Diego Dep't of Child Support Servs. v. C.A.
Opinion
Lead Opinion
Huffman, J.
*359 *616 The County of San Diego Department of Child Support Services (the Department) challenges the order denying its request for establishment of child support against C.A. (Mother), for her daughter J.H. J.H. resides in Maryland with her paternal grandmother, who has sole legal and physical custody. The Department contends the court's denial incorrectly applied Family Code 1 section 3951, subdivision (a) which eliminates a parent's obligation to pay child support when a relative is voluntarily supporting the parent's child and there is no compensation agreement between the parties. The Department contends the grandmother's custody status in this case is not "voluntary" as that term is used in the statute. We agree with the Department and vacate the order.
BACKGROUND AND PROCEDURAL FACTS
Mother and R.H. (Father) were married and living in Hawaii with their two-and-a-half-year-old daughter, J.H., when their marriage was dissolved in *617 2012. The court awarded legal custody to Mother and Father jointly and awarded Father with physical custody. Mother was awarded visitation. Father was ordered to maintain health care insurance for J.H.'s benefit. Mother was ordered to pay $…