: Frequent and Continuing Contact with Both Parents Absent child abuse, domestic violence, or where the contact would not be in the best interest of the child, the family court must promote frequent and continuing contact with both parents such that the parents share the rights and responsibilities of raising their child when the parents divorce or separate.
California Family Code Section 3020 (b) states, 3020.
California Family Code Section 3020 (c) states, 3020.
A common challenge for the court is to decide who will get custody of the child.
Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child.
: Best Interest of the Child Standard California Family Code Section 3011 states, 3011.
In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child.
In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child. (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 30: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent.