Posted by DivorceLine in California Child Custody Laws
Either parent may be awarded custody. There is neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, allowing the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. In making a determination of the best interest of the child when deciding custody, the court shall consider all of the following:
1. The health, safety, and welfare of the child.
2. Any history of abuse by one parent or any other person seeking custody against any of the following:
a) Any child to whom he or she is related by blood or affinity or with whom he or she has had a care-taking relationship, no matter how temporary.
b) The other parent.
c) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
d) The nature and amount of contact with both parents, except as provided in Section 3046.
3. The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation.
4. Any other factors the court finds relevant.
[Based on California Family Code - Sections: 3010, 3011, 3040]
Child Support:
Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances. The duty of support continues until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article.
[Based on California Family Code - Sections: 3900, 3901,3910, 4052]
