3000-3012

3000–3012: Definitions and General Custody Principles

When parents separate, one of the most important legal questions is who will have custody of their children. Division 8 of the California Family Code governs child custody and visitation, starting with the foundational definitions and general principles that courts use to guide decisions. These initial provisions in Part 1 clarify the legal language around custody and establish the best interest of the child as the guiding standard for all custody determinations.

3000–3007: Definitions

These definitions clarify the different types of custody courts can award:

• Joint custody refers to both joint legal and joint physical custody.
• Joint legal custody means both parents share responsibility for major decisions about the child’s health, education, and welfare.
• Joint physical custody means the child spends significant time with both parents. This doesn’t mean a 50/50 split but ensures frequent and continuing contact with both parents.
• Sole legal custody grants one parent full authority to make key decisions for the child.
• Sole physical custody means the child lives primarily with one parent, though the other may still have visitation rights.

Understanding these distinctions is crucial. Courts may award joint or sole custody based on what best serves the child’s welfare, not the convenience of the parents.

3010–3012: General Provisions

These sections reinforce that both parents have equal rights to custody, but custody is ultimately determined based on the best interests of the child.

• Section 3010 states that both the mother and presumed father are equally entitled to custody unless one parent is unable, unwilling, or absent.
• Section 3011 lays out the core criteria courts must consider when determining the child’s best interests. These include:
  • The child’s health, safety, and welfare.
  • Any history of abuse by a parent or another individual seeking custody.
  • Each parent’s contact and relationship with the child.
  • Drug or alcohol abuse by either parent.
  Courts can require independent evidence to confirm allegations of abuse or substance misuse. If the court grants custody or unsupervised visitation to a parent despite such concerns, it must explain its reasoning and set very specific terms for the custody exchange to protect the child and the other parent.
• Section 3011 also makes clear that a parent’s gender, gender identity, or sexual orientation cannot be used against them in custody decisions.
• Section 3012 addresses the rights of parents facing immigration-related detention or deportation. If these issues affect a parent’s ability to attend custody proceedings, the court must allow them to participate remotely, such as by phone or video, when feasible. This ensures that immigration status does not unfairly limit a parent’s ability to be heard.

Final Thoughts

These early provisions in Division 8 establish the legal foundation for every custody case in California. They define what custody means, affirm the equal rights of both parents, and focus on the child’s safety and well-being as the court’s highest priority. By clearly laying out these standards, the law ensures that decisions about custody start from a place of fairness, accountability, and child-focused reasoning.