California
FAMILY.CODE
SECTION 3020-3032
3020. (a) The Legislature finds and declares that it is the public
policy of this state to assure that the health, safety, and welfare
of children shall be the court's primary concern in determining the
best interest of children when making any orders regarding the
physical or legal custody or visitation of children. The Legislature
further finds and declares that the perpetration of child abuse or
domestic violence in a household where a child resides is detrimental
to the child.
(b) The Legislature finds and declares that it is the public
policy of this state to assure that children have frequent and
continuing contact with both parents after the parents have separated
or dissolved their marriage, or ended their relationship, and to
encourage parents to share the rights and responsibilities of child
rearing in order to effect this policy, except where the contact
would not be in the best interest of the child, as provided in
Section 3011.
(c) Where the policies set forth in subdivisions (a) and (b) of
this section are in conflict, any court's order regarding physical or
legal custody or visitation shall be made in a manner that ensures
the health, safety, and welfare of the child and the safety of all
family members.
3022. The court may, during the pendency of a proceeding or at any
time thereafter, make an order for the custody of a child during
minority that seems necessary or proper.
FAMILY.CODE
SECTION 3040-3046
3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
(2) If to neither parent, to the person or persons in whose home
the child has been living in a wholesome and stable environment.
(3) To any other person or persons deemed by the court to be
suitable and able to provide adequate and proper care and guidance
for the child.
(b) This section establishes neither a preference nor a
presumption for or against joint legal custody, joint physical
custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child.
3041. Before making an order granting custody to a person or
persons other than a parent, without the consent of the parents, the
court shall make a finding that granting custody to a parent would be
detrimental to the child and that granting custody to the nonparent
is required to serve the best interest of the child. Allegations
that parental custody would be detrimental to the child, other than a
statement of that ultimate fact, shall not appear in the pleadings.
The court may, in its discretion, exclude the public from the
hearing on this issue.
3082. When a request for joint custody is granted or denied, the
court, upon the request of any party, shall state in its decision the
reasons for granting or denying the request. A statement that joint
physical custody is, or is not, in the best interest of the child is
not sufficient to satisfy the requirements of this section.
3085. In making an order for custody with respect to both parents,
the court may grant joint legal custody without granting joint
physical custody.
3086. In making an order of joint physical custody or joint legal
custody, the court may specify one parent as the primary caretaker of
the child and one home as the primary home of the child, for the
purposes of determining eligibility for public assistance.
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