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California Family Code Section 3046

Legal Research Home > California Lawyer > Family Code > California Family Code Section 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.

Last modified: January 12, 2009