3020-3121: Right To Custody of Minor Child
When parents separate, decisions about child custody often become the most emotionally charged and legally complex part of the process. California law provides a detailed framework to guide courts in making custody and visitation decisions. Part 2 of Division 8 focuses on protecting the child’s health and welfare while encouraging ongoing relationships with both parents whenever it is safe to do so. This section applies across a range of legal proceedings, including divorce, legal separation, parentage actions, and domestic violence cases.
Each chapter in this part outlines a different aspect of custody law, from general policy statements to specific rules for joint custody, temporary orders, and visitation rights. Together, they provide a structure that balances fairness, safety, and practical reality in each individual case.
3020–3032: General Provisions
This chapter sets the core principles for how California courts handle custody and visitation.
The guiding policy is that a child’s health, safety, and welfare are the court’s primary concerns. Courts are instructed to support frequent and continuing contact with both parents unless such contact is not in the child’s best interest. Courts cannot consider a parent’s sex, gender identity, or sexual orientation when making custody decisions.
The law applies in a broad range of cases—including divorce, legal separation, annulment, domestic violence proceedings, and parentage actions—and gives courts flexibility to issue custody orders at any point during or after these proceedings.
Other provisions in this chapter include:
- Giving priority in court scheduling to cases where custody is the only contested issue.
- Requiring courts to explain custody decisions upon request.
- Prohibiting disclosure of confidential custody evaluations.
- Protecting parents who act in good faith when reporting suspected abuse.
- Allowing financial compensation when a parent interferes with custody or visitation.
- Restricting custody rights for individuals convicted of certain crimes, including child abuse, sexual offenses, or domestic violence.
- Requiring courts to consider the terms of any active protective or restraining orders when setting custody or visitation.
Key takeaways:
- Child safety overrides all other considerations.
- Courts must explain custody rulings and take protective orders seriously.
- False accusations of abuse can result in sanctions.
- Parents have equal rights to access records, even if they don’t have custody.
- Custody may be limited or denied to individuals with certain criminal histories.
3040–3049: Matters to Be Considered in Granting Custody
This chapter outlines how courts determine who gets custody, based on what is in the child’s best interest.
There is no automatic preference for either parent or for joint custody. Courts are given broad discretion to create a parenting plan that fits the specific needs of each child and family. Custody is generally awarded first to one or both parents, but may be given to another adult if the court finds that parental custody would be detrimental to the child.
Courts must also:
- Consider a child’s preferences if the child is old enough to express them.
- Take into account a parent’s history of domestic violence or substance abuse.
- Require parents to notify each other of major relocations when appropriate.
- Weigh the impact of a parent’s mental health condition, if relevant, and provide resources.
- Follow special procedures when Indian children are involved, in accordance with federal law.
Key takeaways:
- Custody decisions are based on what serves the child’s best interest, not parental preference.
- A child’s voice may be considered, especially at age 14 and older.
- Mental illness, domestic violence, and substance abuse are weighed carefully but not automatically disqualifying.
- Courts may place children with nonparents in limited circumstances.
3060–3064: Temporary Custody Order During Pendency of Proceeding
This chapter provides rules for temporary custody orders while a case is still pending.
Parents can request temporary custody as part of their initial filing or later in the case. If both parties agree, the court usually honors that agreement. If there’s no agreement, the court can issue a temporary order and schedule a hearing.
Courts are limited in how they issue ex parte (emergency, one-sided) custody orders. Such orders are only allowed when there is immediate harm to the child or a risk of the child being taken out of state. In these cases, the court may also issue temporary restraining orders to prevent the removal of the child.
Key takeaways:
- Temporary custody can be set early in the case, with or without agreement.
- Emergency custody orders require proof of immediate harm or risk.
- The court must act quickly to protect children in urgent situations.
3080–3089: Joint Custody
This chapter governs how joint custody is handled in California.
If both parents agree to joint custody, the court presumes it is in the child’s best interest. If only one parent requests it, the court has discretion to order joint custody based on the facts of the case.
Courts must:
- Specify how legal decisions will be shared between parents.
- Clarify how physical custody will be divided and enforced.
- Identify one parent or household as “primary” for purposes like public assistance, if needed.
- Allow modification or termination of joint custody orders when circumstances change.
Key takeaways:
- Joint custody is favored when both parents agree to it.
- Courts must spell out the details clearly in joint custody orders.
- Either parent can request a change if the current arrangement no longer works.
3100–3105: Visitation Rights
This chapter explains how visitation rights are determined and protected.
Visitation must be in the child’s best interest. Even if a parent doesn’t have custody, they are generally entitled to reasonable visitation. The court can also grant visitation rights to stepparents, grandparents, and former legal guardians under certain conditions.
If there’s a history of abuse or a protective order is in place, the court may:
- Deny visitation
- Order supervised or virtual visitation
- Impose detailed requirements to ensure safety and minimize conflict
Courts must protect confidential information and avoid exposing a parent’s location if they are staying in a shelter due to domestic violence.
Key takeaways:
- Visitation is not automatic—it must benefit the child.
- Courts take special precautions when abuse or safety concerns are present.
- Nonparents can be granted visitation in limited cases if it supports the child’s well-being.
Conclusion
Part 2 of Division 8 provides California’s legal framework for resolving custody and visitation disputes. The law is designed to keep children safe, support healthy parent-child relationships, and provide clarity and structure for families navigating these challenges. Whether the issue is a long-term custody arrangement or an urgent need for protection, the court has wide-ranging tools to serve the best interest of the child in every case.