CHAPTER 2. Matters To Be Considered in Granting Custody

Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50.

§§ 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…