reglab/housing_qa huggingface dataset:
CA Fam Code § 3046 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 2 - Matters To Be Considered in Granting Custody|Section 3046.

3046.  (a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in determining custody or visitation in either of the following circumstances:(1) The absence or relocation is of short duration and the court finds that, during the period of absence or relocation, the party has demonstrated an interest in maintaining custody or visitation, the party maintains, or makes reasonable efforts to maintain, regular contact with the child, and the party’s behavior demonstrates no intent to abandon the child.(2) The party is absent or relocates because of an act or acts of actual or threatened domestic or family violence by the other party.(b) The court may consider attempts by one party to interfere with the other party’s regular contact with the child in determining if the party has satisfied the requirements of subdivision (a).(c)This section does not apply to either of the following:(1)A party against whom a protective or restraining order has been issued excluding the party from the dwelling of the other party or the child, or otherwise enjoining the party from assault or harassment against the other party or the child, including, but not limited to, orders issued under Part 4 (commencing with Section 6300) of Division 10, orders preventing civil harassment or workplace violence issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, and criminal protective orders issued pursuant to Section 136.2 of the Penal Code.(2) A party who abandons a child as provided in Section 7822.(Amended by Stats. 2006, Ch. 538, Sec. 157. Effective January 1, 2007.)
CA Fam Code § 3049 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 2 - Matters To Be Considered in Granting Custody|Section 3049.

3049.  It is the intent of the Legislature in enacting this section to codify the decision of the California Supreme Court in In re Marriage of Carney (1979) 24 Cal.3d 725, with respect to custody and visitation determinations by the court involving a disabled parent.(Added by Stats. 2010, Ch. 179, Sec. 1. (SB 1188) Effective January 1, 2011.)
CA Fam Code § 3060 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 3 - Temporary Custody Order During Pendency of Proceeding|Section 3060.

3060.  A petition for a temporary custody order, containing the statement required by Section 3429, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing.(Amended by Stats. 2019, Ch. 497, Sec. 110. (AB 991) Effective January 1, 2020.)
CA Fam Code § 3061 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 3 - Temporary Custody Order During Pendency of Proceeding|Section 3061.

3061.  If the parties have agreed to or reached an understanding on the custody or temporary custody of their children, a copy of the agreement or an affidavit as to their understanding shall be attached to the petition or action. As promptly as possible after this filing, the court shall, except in exceptional circumstances, enter an order granting temporary custody in accordance with the agreement or understanding or in accordance with any stipulation of the parties.(Amended by Stats. 1993, Ch. 219, Sec. 116.61. Effective January 1, 1994.)
CA Fam Code § 3062 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 3 - Temporary Custody Order During Pendency of Proceeding|Section 3062.

3062.  (a) In the absence of an agreement, understanding, or stipulation, the court may, if jurisdiction is appropriate, enter an ex parte temporary custody order, set a hearing date within 20 days, and issue an order to show cause on the responding party. If the responding party does not appear or respond within the time set, the temporary custody order may be extended as necessary, pending the termination of the proceedings.(b) If, despite good faith efforts, service of the ex parte order and order to show cause has not been effected in a timely fashion and there is reason to believe, based on an affidavit, or other manner of proof made under penalty of perjury, by the petitioner, that the responding party has possession of the minor child and seeks to avoid the jurisdiction of the court or is concealing the whereabouts of the child, then the hearing date may be reset and the ex parte order extended up to an additional 90 days. After service has been effected, either party may request ex parte that the hearing date be advanced or the ex parte order be dissolved or modified.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3063 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 3 - Temporary Custody Order During Pendency of Proceeding|Section 3063.

3063.  In conjunction with any ex parte order seeking or modifying an order of custody, the court shall enter an order restraining the person receiving custody from removing the child from the state pending notice and a hearing on the order seeking or modifying custody.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3064 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 3 - Temporary Custody Order During Pendency of Proceeding|Section 3064.

3064.  (a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California.(b) “Immediate harm to the child” includes, but is not limited to, the following:(1) Having a parent who has committed acts of domestic violence, where the court determines that the acts of domestic violence are of recent origin or are a part of a demonstrated and continuing pattern of acts of domestic violence.(2) Sexual abuse of the child, where the court determines that the acts of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of acts of sexual abuse.(Amended by Stats. 2008, Ch. 54, Sec. 1. Effective January 1, 2009.)
CA Fam Code § 3080 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3080.

3080.  There is a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, subject to Section 3011, where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child.(Amended by Stats. 1993, Ch. 219, Sec. 116.70. Effective January 1, 1994.)
CA Fam Code § 3081 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3081.

3081.  On application of either parent, joint custody may be ordered in the discretion of the court in cases other than those described in Section 3080, subject to Section 3011. For the purpose of assisting the court in making a determination whether joint custody is appropriate under this section, the court may direct that an investigation be conducted pursuant to Chapter 6 (commencing with Section 3110).(Amended by Stats. 1993, Ch. 219, Sec. 116.71. Effective January 1, 1994.)
CA Fam Code § 3082 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3082.

3082.  When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons for granting or denying the request. A statement that joint physical custody is, or is not, in the best interest of the child is not sufficient to satisfy the requirements of this section.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3083 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3083.

3083.  In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3084 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3084.

3084.  In making an order of joint physical custody, the court shall specify the rights of each parent to physical control of the child in sufficient detail to enable a parent deprived of that control to implement laws for relief of child snatching and kidnapping.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3085 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3085.

3085.  In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.(Amended by Stats. 1993, Ch. 219, Sec. 116.72. Effective January 1, 1994.)
CA Fam Code § 3086 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3086.

3086.  In making an order of joint physical custody or joint legal custody, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purposes of determining eligibility for public assistance.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3087 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3087.

3087.  An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires modification or termination of the order. If either parent opposes the modification or termination order, the court shall state in its decision the reasons for modification or termination of the joint custody order.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3088 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3088.

3088.  An order for the custody of a minor child entered by a court in this state or any other state may, subject to the jurisdictional requirements in Sections 3403 and 3414, be modified at any time to an order for joint custody in accordance with this chapter.(Amended by Stats. 1993, Ch. 219, Sec. 116.73. Effective January 1, 1994.)
CA Fam Code § 3089 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 4 - Joint Custody|Section 3089.

3089.  In counties having a conciliation court, the court or the parties may, at any time, pursuant to local rules of court, consult with the conciliation court for the purpose of assisting the parties to formulate a plan for implementation of the custody order or to resolve a controversy which has arisen in the implementation of a plan for custody.(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
CA Fam Code § 3100 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 5 - Visitation Rights|Section 3100.

3100.  (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown that the visitation would be in the best interest of the child, as defined in Section 3011, and consistent with Section 3020. In the discretion of the court, reasonable visitation rights may be granted to any other person having an interest in the welfare of the child.(b) If a protective order, as defined in Section 6218, has been directed to a parent, the court shall consider whether the best interest of the child requires that any visitation by that parent be limited to situations in which a third person, specified by the court, is present, or whether visitation shall be suspended, limited, or denied. The court shall include in its deliberations a consideration of the nature of the acts from which the parent was enjoined and the period of time that has elapsed since that order. A parent may submit to the court the name of a person that the parent deems suitable to be present during visitation.(c) If visitation is ordered in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the visitation order shall specify the time, day, place, and manner of transfer of the child, so as to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. If a criminal protective order has been issued pursuant to Section 136.2 of the Penal Code, the visitation order shall make reference to, and, unless there is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code or a no-contact order, as described in Section 6320, acknowledge the precedence of enforcement of, an appropriate criminal protective order.(d) If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.(Amended by Stats. 2018, Ch. 941, Sec. 4. (AB 2044) Effective January 1, 2019.)
CA Fam Code § 3101 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 5 - Visitation Rights|Section 3101.

3101.  (a) Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be in the best interest of the minor child.(b) If a protective order, as defined in Section 6218, has been directed to a stepparent to whom visitation may be granted pursuant to this section, the court shall consider whether the best interest of the child requires that any visitation by the stepparent be denied.(c) Visitation rights may not be ordered under this section that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding.(d) As used in this section:(1) “Birth parent” means “birth parent” as defined in Section 8512.(2) “Stepparent” means a person who is a party to the marriage that is the subject of the proceeding, with respect to a minor child of the other party to the marriage.(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.76. Effective January 1, 1994.)
CA Fam Code § 3102 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 5 - Visitation Rights|Section 3102.

3102.  (a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child.(b) In granting visitation pursuant to this section to a person other than a grandparent of the child, the court shall consider the amount of personal contact between the person and the child before the application for the visitation order.(c) This section does not apply if the child has been adopted by a person other than a stepparent or grandparent of the child. Any visitation rights granted pursuant to this section before the adoption of the child automatically terminate if the child is adopted by a person other than a stepparent or grandparent of the child.(Amended by Stats. 1994, Ch. 164, Sec. 1. Effective January 1, 1995.)
CA Fam Code § 3103 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 5 - Visitation Rights|Section 3103.

3103.  (a) Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a minor child of a party to the proceeding if the court determines that visitation by the grandparent is in the best interest of the child.(b) If a protective order as defined in Section 6218 has been directed to the grandparent during the pendency of the proceeding, the court shall consider whether the best interest of the child requires that visitation by the grandparent be denied.(c) The petitioner shall give notice of the petition to each of the parents of the child, any stepparent, and any person who has physical custody of the child, by certified mail, return receipt requested, postage prepaid, to the person’s last known address, or to the attorneys of record of the parties to the proceeding.(d) There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the child’s parents agree that the grandparent should not be granted visitation rights.(e) Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding.(f) Visitation ordered pursuant to this section shall not create a basis for or against a change of residence of the child, but shall be one of the factors for the court to consider in ordering a change of residence.(g) When a court orders grandparental visitation pursuant to this section, the court in its discretion may, based upon the relevant circumstances of the case:(1) Allocate the percentage of grandparental visitation between the parents for purposes of the calculation of child support pursuant to the statewide uniform guideline (Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9).(2) Notwithstanding Sections 3930 and 3951, order a parent or grandparent to pay to the other, an amount for the support of the child or grandchild. For purposes of this paragraph, “support” means costs related to visitation such as any of the following:(A) Transportation.(B) Provision of basic expenses for the child or grandchild, such as medical expenses, day care costs, and other necessities.(h) As used in this section, “birth parent” means “birth parent” as defined in Section 8512.(Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 832, Sec. 1. Effective January 1, 1994.)
CA Fam Code § 3105 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 5 - Visitation Rights|Section 3105.

3105.  (a) The Legislature finds and declares that a parent’s fundamental right to provide for the care, custody, companionship, and management of the parent’s children, while compelling, is not absolute. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role.(b) The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child, if visitation is determined to be in the best interest of the minor child.(c) In the absence of a court order granting or denying visitation between a former legal guardian and a former minor ward, and if a dependency proceeding is not pending, a former legal guardian may maintain an independent action for visitation with the former minor ward. If the child does not have at least one living parent, visitation shall not be determined in a proceeding under the Family Code, but shall instead be determined in a guardianship proceeding that may be initiated for that purpose.(Amended by Stats. 2019, Ch. 115, Sec. 32. (AB 1817) Effective January 1, 2020.)
CA Fam Code § 3110 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 6 - Custody Investigation and Report|Section 3110.

3110.  As used in this chapter, “court-appointed investigator” means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter.(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
CA Fam Code § 3112 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 6 - Custody Investigation and Report|Section 3112.

3112.  (a) Where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation pursuant to this chapter or to undertake visitation work, including necessary evaluation, supervision, and reporting, the court shall inquire into the financial condition of the parent, guardian, or other person charged with the support of the minor. If the court finds the parent, guardian, or other person able to pay all or part of the expense of the investigation, report, and recommendation, the court may make an order requiring the parent, guardian, or other person to repay the court the amount the court determines proper.(b) The repayment shall be made to the court. The court shall keep suitable accounts of the expenses and repayments and shall deposit the collections as directed by the Judicial Council.(Amended by Stats. 2000, Ch. 926, Sec. 5. Effective January 1, 2001.)
CA Fam Code § 3113 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 6 - Custody Investigation and Report|Section 3113.

3113.  Where there has been a history of domestic violence between the parties, or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or at the request of a party who is protected by the order, the parties shall meet with the court-appointed investigator separately and at separate times.(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
CA Fam Code § 3114 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 6 - Custody Investigation and Report|Section 3114.

3114.  Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing with Section 3150) to represent the minor child. In making that recommendation, the court-appointed investigator shall inform the court of the reasons why it would be in the best interest of the child to have counsel appointed.(Added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)