How have courts interpreted the definition of custody and noncustodial?

California, United States of America


The following excerpt is from Lamoure v. Lamoure (In re Lamoure), E048992, Super.Ct.No. SBFSS71194 (Cal. App. 2011):

The court in County of Ventura v. George (1983) 149 Cal.App.3d 1012 (George), considered the definition of custody and noncustodial in addressing the mother's contention that the trial court erred in ordering her to reimburse welfare funds expended for the support of her son. When the mother received the funds, her son was living with his father. The mother argued that she was not obligated to reimburse the county because she was named as the custodial parent in the judgment of marital dissolution. (Id. at p. 1014.) Welfare and Institutions Code section 11350 authorizes recovery only from noncustodial parents.

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