California Family Code CHAPTER 2 - Matters To Be Considered in Granting Custody

  • Section 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...
  • Section 3041.
    (a) Before making an order granting custody to a person or persons other than a parent, over the objection of a parent, the court shall make...
  • Section 3041.5.
    In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the...
  • Section 3042.
    (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court...
  • Section 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...
  • Section 3044.
    (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of...
  • 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...
  • Section 3047.
    (a) A party’s absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a...
  • Section 3048.
    (a) Notwithstanding any other provision of law, in any proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain...
  • Section 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...

Last modified: October 22, 2018