Family Code Section 3011 begins with the presumption that both parents have an equal right to time with their minor children. As a general rule, California’s policy is to allow the children frequent and continuing contact with both parents, as long as the children are safe in each parent’s care. The same law says that “the court shall not consider the sex, gender identity, gender expression or sexual orientation of a parent, legal guardian or relative in determining the best interests of the child.” That means a judge cannot automatically favor the mother simply because she’s a mother.