FC §3011 — Best Interests of the Child

Type: California Family Code

Summary

Sets the operative best-interests-of-the-child framework. The court must, among other relevant factors consistent with FC §3020, consider: (1) the health, safety, and welfare of the child; (2) any history of abuse by either parent against the child, the other parent, or specified household members; (3) the nature and amount of contact with both parents (incorporating FC §§3046 and 3100); and (4) habitual or continual substance abuse, with discretion to require independent corroboration before crediting such allegations. The court may not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative.

When to use

Frame any custody / visitation modification analysis around §3011’s enumerated factors. Pair with §3020 (public policy framework). Particularly relevant for: (a) the corroboration provision when responding to substance-abuse or other ad-hoc allegations; (b) the “frequent and continuing contact” companion at §3020; (c) the explicit listing of “history of abuse” with corroboration discipline so that uncorroborated allegations do not control.

Section text (operative subdivisions)

In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:

(a) The health, safety, and welfare of the child.

(b) A history of abuse by one parent or any other person seeking custody against any of the following: a child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary; the other parent; 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.

(c) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.

(d) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services.

The court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.

Linked exhibits

Transclude of Exhibits-by-Statute.base