Scott v. Superior Court

In Scott v. Superior Court (2009) 171 Cal.App.4th 540, father had been awarded sole legal and physical custody of his children. Father's girlfriend sought custody and visitation with father's biological children after the relationship ended and he and the children moved away. The court held, "The custody provisions of the Family Code apply only in proceedings that are generally, if not invariably, initiated by the parents of a child. Further, they have been held not to provide an independent basis for subject matter jurisdiction. A nonparent seeking custody therefore lacks standing to initiate a custody proceeding under the Family Code. A guardianship petition under the Probate Code is the only judicial means for a nonparent to obtain custody when the parents have not themselves initiated a custody proceeding." (Ibid.)