reglab/housing_qa huggingface dataset:
CA Fam Code § 3025.5 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3025.5.

3025.5.  (a) In a proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding custody of, or visitation with, a child is submitted to the court, including, but not limited to, a report created pursuant to Chapter 6 (commencing with Section 3110) of this part and a recommendation made to the court pursuant to Section 3183, that information shall be contained in a document that shall be placed in the confidential portion of the court file of the proceeding, and may not be disclosed, except to the following persons:(1) A party to the proceeding and the party’s attorney.(2) A federal or state law enforcement officer, the licensing entity of a child custody evaluator, a judicial officer, court employee, or family court facilitator of the superior court of the county in which the action was filed, or an employee or agent of that facilitator, acting within the scope of the facilitator’s duties.(3) Counsel appointed for the child pursuant to Section 3150.(4) Any other person upon order of the court for good cause.(b) Confidential information contained in a report prepared pursuant to Section 3111 that is disclosed to the licensing entity of a child custody evaluator pursuant to subdivision (a) shall remain confidential and shall only be used for purposes of investigating allegations of unprofessional conduct by the child custody evaluator, or in a criminal, civil, or administrative proceeding involving the child custody evaluator. All confidential information, including, but not limited to, the identity of any minors, shall retain their confidential nature in a criminal, civil, or administrative proceeding resulting from the investigation of unprofessional conduct and shall be sealed at the conclusion of the proceeding and shall not subsequently be released. Names that are confidential shall be listed in attachments separate from the general pleadings. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the licensing entity decides that no further action will be taken in the matter of suspected licensing violations.(Amended by Stats. 2019, Ch. 115, Sec. 25. (AB 1817) Effective January 1, 2020.)
CA Fam Code § 3026 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3026.

3026.  Family reunification services shall not be ordered as a part of a child custody or visitation rights proceeding. Nothing in this section affects the applicability of Section 16507 of the Welfare and Institutions Code.(Amended by Stats. 1993, Ch. 219, Sec. 116.16. Effective January 1, 1994.)
CA Fam Code § 3027 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3027.

3027.  (a) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, deems appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this section shall affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code.(b) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding, the court may request that the local child welfare services agency conduct an investigation of the allegations pursuant to Section 328 of the Welfare and Institutions Code. Upon completion of the investigation, the agency shall report its findings to the court.(Amended by Stats. 2010, Ch. 352, Sec. 12. (AB 939) Effective January 1, 2011.)
CA Fam Code § 3027.1 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3027.1.

3027.1.  (a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, “person” includes a witness, a party, or a party’s attorney.(b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served.(c) The remedy provided by this section is in addition to any other remedy provided by law.(Added by renumbering Section 3027 by Stats. 2000, Ch. 926, Sec. 2. Effective January 1, 2001.)
CA Fam Code § 3027.5 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3027.5.

3027.5.  (a) A parent shall not be placed on supervised visitation, or be denied custody of or visitation with the parent’s child, and custody or visitation rights shall not be limited, solely because the parent did any of the following:(1) Lawfully reported suspected sexual abuse of the child.(2) Otherwise acted lawfully, based on a reasonable belief, to determine if the child was the victim of sexual abuse.(3) Sought treatment for the child from a licensed mental health professional for suspected sexual abuse.(b) The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made. A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state’s policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.(Amended by Stats. 2019, Ch. 115, Sec. 26. (AB 1817) Effective January 1, 2020.)
CA Fam Code § 3028 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3028.

3028.  (a) The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility or when a parent has been thwarted by the other parent when attempting to exercise custody or visitation rights contemplated by a custody or visitation order, including, but not limited to, an order for joint physical custody, or by a written or oral agreement between the parents.(b) The compensation shall be limited to (1) the reasonable expenses incurred for or on behalf of a child, resulting from the other parent’s failure to assume caretaker responsibility or (2) the reasonable expenses incurred by a parent for or on behalf of a child, resulting from the other parent’s thwarting of the parent’s efforts to exercise custody or visitation rights. The expenses may include the value of caretaker services but are not limited to the cost of services provided by a third party during the relevant period.(c) The compensation may be requested by noticed motion or an order to show cause, which shall allege, under penalty of perjury, (1) a minimum of one hundred dollars ($100) of expenses incurred or (2) at least three occurrences of failure to exercise custody or visitation rights or (3) at least three occurrences of the thwarting of efforts to exercise custody or visitation rights within the six months before filing of the motion or order.(d) Attorney’s fees shall be awarded to the prevailing party upon a showing of the nonprevailing party’s ability to pay as required by Section 270.(Amended by Stats. 1993, Ch. 219, Sec. 116.18. Effective January 1, 1994.)
CA Fam Code § 3029 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3029.

3029.  An order granting custody to a parent who is receiving, or in the opinion of the court is likely to receive, assistance pursuant to the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) for the maintenance of the child shall include an order pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code, directing the noncustodial parent to pay any amount necessary for the support of the child, to the extent of the noncustodial parent’s ability to pay.(Added by Stats. 1993, Ch. 219, Sec. 116.19. Effective January 1, 1994.)
CA Fam Code § 3030.5 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3030.5.

3030.5.  (a) Upon the motion of one or both parents, or the legal guardian or custodian, or upon the court’s own motion, an order granting physical or legal custody of, or unsupervised visitation with, a child may be modified or terminated if either of the following circumstances has occurred since the order was entered, unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record:(1) The person who has been granted physical or legal custody of, or unsupervised visitation with the child is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code.(2) The person who has been granted physical or legal custody of, or unsupervised visitation with, the child resides with another person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code.(b) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code, shall be prima facie evidence that the child is at significant risk. When making a determination regarding significant risk to the child, the prima facie evidence shall constitute a presumption affecting the burden of producing evidence. However, this presumption shall not apply if there are factors mitigating against its application, including whether the party seeking custody or visitation is also required, as the result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code.(c) The court shall not modify an existing custody or visitation order upon the ex parte petition of one party pursuant to this section without providing notice to the other party and an opportunity to be heard. This notice provision applies only when the motion for custody or visitation change is based solely on the fact that the child is allowed unsupervised contact with a person required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code and does not affect the court’s ability to remove a child upon an ex parte motion when there is a showing of immediate harm to the child.(Added by Stats. 2005, Ch. 483, Sec. 3. Effective January 1, 2006.)
CA Fam Code § 3031 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3031.

3031.  (a) Where the court considers the issue of custody or visitation the court is encouraged to make a reasonable effort to ascertain whether or not any emergency protective order, protective order, or other restraining order is in effect that concerns the parties or the minor. The court is encouraged not to make a custody or visitation order that is inconsistent with the emergency protective order, protective order, or other restraining order, unless the court makes both of the following findings:(1) The custody or visitation order cannot be made consistent with the emergency protective order, protective order, or other restraining order.(2) The custody or visitation order is in the best interest of the minor.(b) Whenever custody or visitation is granted to a parent in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the custody or visitation order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. Where 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 custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.(c) When making an order for custody or visitation in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any custody or visitation arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether custody or visitation shall be suspended or denied.(Amended by Stats. 1994, Ch. 320, Sec. 1. Effective January 1, 1995.)
CA Fam Code § 3032 (2021)
2021 California Code|Family Code - FAM|DIVISION 8 - CUSTODY OF CHILDREN|PART 2 - RIGHT TO CUSTODY OF MINOR CHILD|CHAPTER 1 - General Provisions|Section 3032.

3032.  (a) The Judicial Council shall establish a state-funded one-year pilot project beginning July 1, 1999, in at least two counties, including Los Angeles County, pursuant to which, in any child custody proceeding, including mediation proceedings pursuant to Section 3170, any action or proceeding under Division 10 (commencing with Section 6200), any action or proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12), and any proceeding for dissolution or nullity of marriage or legal separation of the parties in which a protective order as been granted or is being sought pursuant to Section 6221, the court shall, notwithstanding Section 68092 of the Government Code, appoint an interpreter to interpret the proceedings at court expense, if both of the following conditions are met:(1) One or both of the parties is unable to participate fully in the proceeding due to a lack of proficiency in the English language.(2) The party who needs an interpreter appears in forma pauperis, pursuant to Section 68511.3 of the Government Code, or the court otherwise determines that the parties are financially unable to pay the cost of an interpreter. In all other cases where an interpreter is required pursuant to this section, interpreter fees shall be paid as provided in Section 68092 of the Government Code.(3) This section shall not prohibit the court doing any of the following when an interpreter is not present:(A) Issuing an order when the necessity for the order outweighs the necessity for an interpreter.(B) Extending the duration of a previously issued temporary order if an interpreter is not readily available.(C) Issuing a permanent order where a party who requires an interpreter fails to make appropriate arrangements for an interpreter after receiving proper notice of the hearing, including notice of the requirement to have an interpreter present, along with information about obtaining an interpreter.(b) The Judicial Council shall submit its findings and recommendations with respect to the pilot project to the Legislature by January 31, 2001. Measurable objectives of the program may include increased utilization of the court by parties not fluent in English, increased efficiency in proceedings, increased compliance with orders, enhanced coordination between courts and culturally relevant services in the community, increased client satisfaction, and increased public satisfaction.(Added by Stats. 1998, Ch. 981, Sec. 2. Effective January 1, 1999.)
CA Fam Code § 3040 (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 3040.

3040.  (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020:(1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.(2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.(3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.(b) The immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a).(c) 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 interest of the child under subdivision (a).(d) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child, consistent with this section.(e) In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child’s need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020.(Amended by Stats. 2019, Ch. 551, Sec. 3. (SB 495) Effective January 1, 2020.)
CA Fam Code § 3041 (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 3041.

3041.  (a) Before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child. Allegations that parental custody would be detrimental to the child, other than a statement of that ultimate fact, shall not appear in the pleadings. The court may, in its discretion, exclude the public from the hearing on this issue.(b) Subject to subdivision (d), a finding that parental custody would be detrimental to the child shall be supported by clear and convincing evidence.(c) As used in this section, “detriment to the child” includes the harm of removal from a stable placement of a child with a person who has assumed, on a day-to-day basis, the role of the child’s parent, fulfilling both the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment does not require a finding of unfitness of the parents.(d) Notwithstanding subdivision (b), if the court finds by a preponderance of the evidence that the person to whom custody may be given is a person described in subdivision (c), this finding shall constitute a finding that the custody is in the best interest of the child and that parental custody would be detrimental to the child absent a showing by a preponderance of the evidence to the contrary.(e) Notwithstanding subdivisions (a) to (d), inclusive, if the child is an Indian child, when an allegation is made that parental custody would be detrimental to the child, before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall apply the evidentiary standards described in subdivisions (d), (e), and (f) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Sections 224.6 and 361.7 of the Welfare and Institutions Code and the placement preferences and standards set out in Section 361.31 of the Welfare and Institutions Code and Section 1922 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).(Amended by Stats. 2019, Ch. 115, Sec. 27. (AB 1817) Effective January 1, 2020.)
CA Fam Code § 3043 (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 3043.

3043.  In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court shall consider and give due weight to the nomination of a guardian of the person of the child by a parent under Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 of Division 4 of the Probate Code.(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. Effective January 1, 1994.)