Custody And Parenting Time
Fam. Code 3011 — best interest, frequent contact, and a child of 14
In California, the health, safety and welfare of children is the court's primary concern in custody and visitation orders, and the state's policy is to ensure children frequent and continuing contact with both parents after they separate, except where that contact would not be in the child's best interest.
- The health, safety and welfare of the child.
- Any history of abuse by a parent or anyone seeking custody.
- The nature and amount of contact with both parents.
- Habitual or continual illegal drug use, or abuse of alcohol or prescribed controlled substances, by either parent.
| Order of preference | To whom |
|---|---|
| Order of preferenceFirst | To whomBoth parents jointly, or either parent, weighing which parent is more likely to allow the child frequent and continuing contact with the other |
| Order of preferenceThen | To whomThe person in whose home the child has been living in a wholesome and stable environment |
| Order of preferenceThen | To whomAny other person the court finds suitable and able to provide adequate and proper care |
A parent's sex or immigration status does not decide custody. The court may not consider the sex, gender identity, gender expression or sexual orientation of a parent, guardian or relative in determining the child's best interest, and immigration status does not disqualify anyone from custody. Where the parents agree to joint custody, it is presumed to be in the child's best interest.
A child of sufficient age and capacity to form an intelligent preference has those wishes considered and given due weight. A child 14 years of age or older who wishes to address the court about custody or visitation is permitted to, unless the court finds it is not in the child's best interest and says why on the record.
Sources for this section (5)
- Fam. Code 3011 — What the court considers in the best interest of the child
- Fam. Code 3040 — The order of preference in granting custody
- Fam. Code 3042 — The child's wishes
- Fam. Code 3020 — The state's policy on the health, safety and welfare of children
- Fam. Code 3080 — The presumption for joint custody where the parents agree
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.