reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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) (1) Commencing January 1, 2024, if a court finds that the effects of a parent’s, legal guardian’s, or relative’s history of or current mental illness are a factor in determining the best interest of the child under subdivision (a), the court shall do both of the following:
(A) Provide the parent, legal guardian, or relative with a list of local resources for mental health treatment.
(B) State its reasons for the finding in writing or on the record.
(2) This subdivision does not relieve a court from ensuring that the health, safety, and welfare of the child is the court’s primary concern in determining the best interests of children when making any order regarding the physical or legal custody, or visitation, of the child.
(e) 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.
(f) 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. 2022, Ch. 385, Sec. 3. (SB 1182) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 3115.

3115. A statement, whether written or oral, or conduct shall not be held to constitute a waiver by a party of the right to cross-examine the court-appointed investigator, unless the statement is made, or the conduct occurs, after the report has been received by a party or the party’s attorney.
(Amended by Stats. 2019, Ch. 115, Sec. 35. (AB 1817) Effective January 1, 2020.)
2023 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 3116.

3116. Nothing in this chapter limits the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court.
(Added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
2023 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 3117.

3117. The Judicial Council shall, by January 1, 1999, do both of the following:
(a) Adopt standards for full and partial court-connected evaluations, investigations, and assessments related to child custody.
(b) Adopt procedural guidelines for the expeditious and cost-effective cross-examination of court-appointed investigators, including, but not limited to, the use of electronic technology whereby the court-appointed investigator may not need to be present in the courtroom. These guidelines shall in no way limit the requirement that the court-appointed investigator be available for the purposes of cross-examination. These guidelines shall also provide for written notification to the parties of the right to cross-examine these investigators after the parties have had a reasonable time to review the investigator’s report.
(Added by Stats. 1996, Ch. 761, Sec. 3. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 7 - Action for Exclusive Custody › Section 3120.

3120. Without filing a petition for dissolution of marriage or legal separation of the parties, a spouse may bring an action for the exclusive custody of the children of the marriage. The court may, during the pendency of the action, or at the final hearing thereof, or afterwards, make such order regarding the support, care, custody, education, and control of the children of the marriage as may be just and in accordance with the natural rights of the parents and the best interest of the children. The order may be modified or terminated at any time thereafter as the natural rights of the parties and the best interest of the children may require.
(Amended by Stats. 2014, Ch. 82, Sec. 30. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3130.

3130. If a petition to determine custody of a child has been filed in a court of competent jurisdiction, or if a temporary order pending determination of custody has been entered in accordance with Chapter 3 (commencing with Section 3060), and the whereabouts of a party in possession of the child are not known, or there is reason to believe that the party may not appear in the proceedings although ordered to appear personally with the child pursuant to Section 3430, the district attorney shall take all actions necessary to locate the party and the child and to procure compliance with the order to appear with the child for purposes of adjudication of custody. The petition to determine custody may be filed by the district attorney.
(Amended by Stats. 2008, Ch. 699, Sec. 2. Effective January 1, 2009.)