California Child Custody Laws

November 23, 2009

Who gets child custody in California? The standard for California child custody determinations is the overall “best interest of the child.” California child custody law grants child custody in an order of preference (California Family Code § 3020) and according to factors pertaining to the best interest of the child (California Family Code § 3020 and California Family Code § 3011).

The “health, safety, and welfare” of children of divorce are the California courts primary concern (California Family Code § 3020 (a)). Assuring a child “frequent and continuing contact” with both parents is the public policy of California child custody laws absent child abuse, domestic violence, or where the contact would not be in the best interest of the child (California Family Code § 3020 (b)) or if it conflicts with a child’s “health, safety, and welfare” (California Family Code § 3020 (c)).

There are several best interest of the child factors the California court considers among any other relevant factors in making child custody determinations. These factors can be found in California Family Code § 3011.

If you have questions about child custody laws California you’ll want to speak with a California child custody attorney who can advise you of your legal child custody rights and options.

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