FC §3020 — Public Policy on Custody

Type: California Family Code

Summary

Sets the legislative public-policy framework for custody and visitation: (a) health, safety, and welfare of the child are the court’s primary concern; (b) frequent and continuing contact with both parents is favored, except when contact would not be in the child’s best interest under §§3020(a) and (c) and §3011; (c) when the safety policy and the contact policy conflict, the court must rule in the manner that ensures the child’s and family members’ safety; (d) sex, gender identity, gender expression, and sexual orientation are not considered.

When to use

The “frequent and continuing contact” subdivision (b) is the principal authority anchoring the disfavored status of any parent’s unilateral withholding of court-ordered parenting time. Pair §3020(b) with the §3011 best-interests factors and the parenting-time refusal pattern documented in EX05–EX10, EX18, EX19, and EX22 to argue that the policy presumption favors enforcement of the existing 50/50 schedule.

Section text (verbatim)

(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 court’s primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that children have the right to be safe and free from abuse, and that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child.

(b) The Legislature finds and declares that it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except when the contact would not be in the best interests of the child, as provided in subdivisions (a) and (c) of this section and Section 3011.

(c) When the policies set forth in subdivisions (a) and (b) of this section are in conflict, a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.

(d) The Legislature finds and declares that it is the public policy of this state to ensure that the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative is not considered in determining the best interests of the child.

Linked exhibits

Transclude of Exhibits-by-Statute.base