| Like most states, the standard for child custody | | | | to other persons. California however does not |
| determinations in California is the overall best | | | | currently establish a preference or a presumption |
| interest of the child with an emphasis on assuring | | | | for or against joint custody arrangements. |
| the "health, safety, and welfare" of the child and | | | | Instead, it allows the California family court or |
| "frequent and continuing contact" with both | | | | California judge to make the parenting |
| parents absent child abuse, domestic violence, or | | | | arrangement decision on a case-by-case basis |
| where the contact would not be in the best | | | | according to what it believes reflects the overall |
| interest of the child as provided in the California | | | | best interest of the child. If neither parent is |
| family code section 3011 (See California Family | | | | granted custody, then the court may look |
| Code Section 3011, 3020, 3040, 3080). Further, | | | | towards the person's home in which the child has |
| according to California family code section 3040, | | | | been living and the stability of that environment |
| child custody should be granted in an order of | | | | and then to any person deemed by the court to |
| preference and according to the best interest of | | | | be able to provide appropriate care for the child. |
| the child. | | | | In short, the court will typically look to grant child |
| A common challenge for the court is to decide | | | | custody first to the parents according the best |
| who will get custody of the child. Child custody | | | | interest of the child and if they are deemed unfit |
| may be petitioned by parents, grandparents, | | | | the court will then look to grant child custody to |
| stepparents, or any person who believes they | | | | other persons according to the best interest of |
| can provide suitable care and guidance to the child. | | | | the child. |
| So how does the California family court or a | | | | If you are involved in a child custody battle with |
| California judge handle competing persons seeking | | | | the other parent, grandparent, stepparent, or any |
| custody of the child? According to California family | | | | other person, you would be wise to consult a |
| code section 3040, child custody should be | | | | California family law attorney to help you learn |
| granted in an order of preference and according | | | | where you stand legally and what your legal |
| to the best interest of the child. The court looks | | | | options are with respect to your child custody |
| first to grant custody to both parents jointly or | | | | rights and visitation rights. |
| to either parent before looking to grant custody | | | | |