What is the test for a defendant's claim that his interest as a parent in the companionship, care and management of his child is compelling?

California, United States of America


The following excerpt is from Dolly A., In re, 177 Cal.App.3d 195, 222 Cal.Rptr. 741 (Cal. App. 1986):

Defendant argues that his interest as "a parent in the companionship, care, custody and management of his [child] is a compelling one, ranked among the most basic of civil rights." (In re B.G. (1974) 11 Cal.3d 679, 688, 114 Cal.Rptr. 444, 523 P.2d 244; Stanley v. Illinois (1972) 405 U.S. 645, 651-652, 92 S.Ct. 1208, 1212-1213, 31 L.Ed.2d 551.) This interest was, he argues, infringed upon when the court refused to grant him a continuance, and he was then forced to elect whether to testify at the dependency proceeding and run the risk that his testimony would be used either directly or indirectly in his criminal prosecution or to decline to testify and forego defending his rights to custody of Dolly.

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