PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020. - 3204.]
Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 3020–3204 · 109 sections
CHAPTER 1. General Provisions §§ 3020–3032 · 19 sections
- § 3020 (a) The Legislature finds and declares that it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the…
- § 3021 This part applies in any of the following: (a) A proceeding for dissolution of marriage. (b) A proceeding for nullity of marriage. (c) A proceeding for legal…
- § 3022 The court may, during the pendency of a proceeding or at any time thereafter, make an order for the custody of a child during minority that seems necessary or…
- § 3022.3 Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request of either party, issue a…
- § 3022.5 A motion by a parent for reconsideration of an existing child custody order shall be granted if the motion is based on the fact that the other parent was…
- § 3023 (a) If custody of a minor child is the sole contested issue, the case shall be given preference over other civil cases, except matters to which special…
- § 3024 In making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent shall notify the other parent if the…
- § 3025 Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and…
- § 3025.5 (a) In a proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 3030 (a) (1) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex…
- § 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,…
- § 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…
- § 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,…
CHAPTER 2. Matters To Be Considered in Granting Custody §§ 3040–3049 · 11 sections
- § 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…
- § 3040.5 When making a determination of the best interests of a child pursuant to Section 3011, the court shall consider any relevant, admissible evidence that a parent…
- § 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…
- § 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,…
- § 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 shall consider, and…
- § 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…
- § 3044 (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other…
- § 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…
- § 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…
- § 3048 (a) Notwithstanding any other law, in a proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain all…
- § 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…
CHAPTER 3. Temporary Custody Order During Pendency of Proceeding §§ 3060–3064 · 5 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
CHAPTER 4. Joint Custody §§ 3080–3089 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 3085 In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 5. Visitation Rights §§ 3100–3105 · 6 sections
- § 3100 (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown…
- § 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…
- § 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…
- § 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…
- § 3104 (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of…
- § 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…
CHAPTER 6. Custody Investigation and Report §§ 3110–3118 · 10 sections
- § 3110 As used in this chapter, “court-appointed investigator” means a probation officer, domestic relations investigator, or court-appointed evaluator directed by…
- § 3110.5 (a) A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child…
- § 3111 (a) In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody…
- § 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…
- § 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…
- § 3114 Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing…
- § 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…
- § 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.
- § 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,…
- § 3118 (a) In any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case…
CHAPTER 7. Action for Exclusive Custody §§ 3120–3121 · 2 sections
- § 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…
- § 3121 (a) In any proceeding pursuant to Section 3120, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has…
CHAPTER 8. Location of Missing Party or Child §§ 3130–3135 · 7 sections
- § 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…
- § 3131 If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person in violation of the…
- § 3132 In performing the functions described in Sections 3130 and 3131, the district attorney shall act on behalf of the court and shall not represent any party to…
- § 3133 If the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover a…
- § 3134 (a) When the district attorney incurs expenses pursuant to this chapter, including expenses incurred in a sister state, payment of the expenses may be advanced…
- § 3134.5 (a) Upon request of the district attorney, the court may issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed…
- § 3135 Part 3 (commencing with Section 3400) does not limit the authority of a district attorney or arresting agency to act pursuant to this chapter, Section 279.6 of…
CHAPTER 9. Check to Determine Whether Child is Missing Person § 3140 · 1 section
- § 3140 (a) Subject to subdivisions (b) and (c), before granting or modifying a custody order in a case in which one or both parents of the child have not appeared…
CHAPTER 10. Appointment of Counsel to Represent Child §§ 3150–3153 · 4 sections
- § 3150 (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the…
- § 3151 (a) The child’s counsel appointed under this chapter is charged with the representation of the child’s best interests. The role of the child’s counsel is to…
- § 3152 (a) The child’s counsel may, upon noticed motion to all parties and the local child protective services agency, request the court to authorize release of…
- § 3153 (a) If the court appoints counsel under this chapter to represent the child, counsel shall receive a reasonable sum for compensation and expenses, the amount…
CHAPTER 11. Mediation of Custody and Visitation Issues §§ 3160–3188 · 23 sections
ARTICLE 1. General Provisions §§ 3160–3165 · 6 sections
- § 3160 Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.
- § 3161 The purposes of a mediation proceeding are as follows: (a) To reduce acrimony that may exist between the parties. (b) To develop an agreement assuring the…
- § 3162 (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council.…
- § 3163 Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation.
- § 3164 (a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be…
- § 3165 Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or…
ARTICLE 2. Availability of Mediation §§ 3170–3173 · 4 sections
- § 3170 (a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that…
- § 3171 (a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court…
- § 3172 Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court.
- § 3173 (a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for…
ARTICLE 3. Mediation Proceedings §§ 3175–3188 · 13 sections
- § 3175 If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter for hearing.
- § 3176 (a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation is required to…
- § 3177 Mediation proceedings pursuant to this chapter shall be held in private and shall be confidential. All communications, verbal or written, from the parties to…
- § 3178 An agreement reached by the parties as a result of mediation shall be limited as follows: (a) Where mediation is required to settle a contested issue of…
- § 3179 A custody or visitation agreement reached as a result of mediation may be modified at any time at the discretion of the court, subject to Chapter 1 (commencing…
- § 3180 (a) In mediation proceedings pursuant to this chapter, the mediator has the duty to assess the needs and interests of the child involved in the controversy,…
- § 3181 (a) In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties or where a…
- § 3182 (a) The mediator has authority to exclude counsel from participation in the mediation proceedings pursuant to this chapter if, in the mediator’s discretion,…
- § 3183 (a) Except as provided in Section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court as to the custody of or…
- § 3184 Except as provided in Section 3188, nothing in this chapter prohibits the mediator from recommending to the court that counsel be appointed, pursuant to…
- § 3185 (a) If issues that may be resolved by agreement pursuant to Section 3178 are not resolved by an agreement of all the parties who participate in mediation, the…
- § 3186 (a) An agreement reached by the parties as a result of mediation shall be reported to counsel for the parties by the mediator on the day set for mediation or…
- § 3188 (a)Any court selected by the Judicial Council under subdivision (c) may voluntarily adopt a confidential mediation program that provides for all of the…
CHAPTER 12. Counseling of Parents and Child §§ 3190–3193 · 4 sections
- § 3190 (a) The court may require parents or any other party involved in a custody or visitation dispute, and the minor child, to participate in outpatient counseling…
- § 3191 The counseling pursuant to this chapter shall be specifically designed to facilitate communication between the parties regarding their minor child’s best…
- § 3192 In a proceeding in which counseling is ordered pursuant to this chapter, where there has been a history of abuse by either parent against the child or by one…
- § 3193 (a) Notwithstanding any other law, a court shall not order family reunification treatments, programs, or services, including, but not limited to, camps,…
CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling §§ 3200–3204 · 7 sections
- § 3200 The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes…
- § 3200.5 (a) Any standards for supervised visitation providers adopted by the Judicial Council pursuant to Section 3200 shall conform to this section. A provider, as…
- § 3201 Any supervised visitation maintained or imposed by the court shall be administered in accordance with Standard 5.20 of the California Standards of Judicial…
- § 3201.5 (a) The programs described in this chapter shall be administered by the family law division of the superior court in the county. (b) For purposes of this…
- § 3202 (a) All supervised visitation and exchange programs funded pursuant to this chapter shall comply with all requirements of the Uniform Standards of Practice for…
- § 3203 Subject to the availability of federal funding for the purposes of this chapter, the family law division of the superior court in each county may establish and…
- § 3204 (a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the “1996…