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Divorce Library > California Child Custody Law


California Child Custody Law & Child Custody in California
The standard for California child custody law awards of minor children is the overall best interest of the child (Family Code §3011).
There are many factors the California family court must consider in determining the overall best interest of the child. The California family code empowers the California family court, during the pendency of a marital action or at anytime thereafter, to make an order for the custody of a child during minority "that seems necessary or proper." [Ca Fam § 3022]. The California court must also consider any circumstances or events that would be detrimental to the minor child (Family Code §3020).

The family courts primary consideration for child custody in California are the following:

1. Safety and Welfare of Children. The California child custody law and public policy of the state of California is 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 custody or visitation of children (Family Code §3020). 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. (Family Code §3020 (a); see also Family Code §3044).

2. "Frequent and Continuing Contact" with Both Parents. The California child custody law and public policy of the state of California is 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 (Family Code §3020 (b)).

Child custody in California is defined in the family code as either Joint Legal Custody, (see Family Code §3003), Joint Physical Custody (see Family Code §3004), Sole Legal Custody (see Family Code §3006), and Sole Physical Custody (see Family Code §3007).

More About California Child Custody Law & Child Custody in California
It is important to have general knowledge and awareness of the California child custody law and about factors the court may consider in deciding child custody in California. With the help from an experienced Southern California child custody lawyer, California divorce lawyer, or California family law attorney you can have greater assurance that you are doing what is necessary to protect your parental rights, parental responsibilities, and your relationship with your children. To present your case to Southern California divorce attorneys, divorce lawyers, and California child custody lawyers in your area now, click here >>

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