Family Code — Part 3 | FAM — United States — California law | Esheria

Family Code

Part 3 of 9 · provisions 401–600

This section says the code is called the Family Code.

Jurisdiction
United States — California
Instrument
Code
Citation
FAM
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
DNA sample storage DNA/blood sample handling Definitions Support orders account deposits account restrictions account withholding accounting address change notice address disclosure address/location tracing administration administrative approval administrative authority administrative fees administrative funding administrative review admissibility of evidence adoption adoption accounting adoption agencies adoption agency compliance adoption agency definitions adoption agency fees +1,370 more

Statute overview

About this statute

This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

Read the provisions Ask with citations

Legal text

Provisions of Family Code

Showing 200 of 1,607

  1. 2603.5.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may enforce a civil damages judgment for domestic violence against the abusive spouse’s share of community property if a dissolution or legal separation case is pending before final judgment.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2603.5. The court may, if there is a judgment for civil damages for an act of domestic violence perpetrated by one spouse against the other spouse, enforce that judgment against the abusive spouse’s share of community property, if a proceeding for dissolution of marriage or legal separation of the parties is pending prior to the entry of final judgment. (Added by Stats. 2004, Ch. 299, Sec. 1. Effective January 1, 2005.)
  2. 2604.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the community estate is under $5,000 and one party cannot be found after reasonable diligence, the court may award all of it to the other party.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2604. If the net value of the community estate is less than five thousand dollars ($5,000) and one party cannot be located through the exercise of reasonable diligence, the court may award all the community estate to the other party on conditions the court deems proper in its judgment of dissolution of marriage or legal separation of the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  3. 2605.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain marriage dissolution or legal separation cases, the court may order a party to care for a pet animal before ownership is finally decided, and may assign sole or joint ownership of the pet animal considering its care.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal. (b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal. (c) For purposes of this section, the following definitions shall apply: (1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter. (2) “Pet animal” means any animal that is community property and kept as a household pet. (Added by Stats. 2018, Ch. 820, Sec. 1. (AB 2274) Effective January 1, 2019.)
  4. 2610.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. RETIREMENT PLAN BENEFITS [2610 - 2611] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must make orders needed to ensure each party gets their full community property share of retirement plan benefits, with limits on increasing benefits and early payment before retirement.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. RETIREMENT PLAN BENEFITS [2610 - 2611] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2610. (a) Except as provided in subdivision (b), the court shall make whatever orders are necessary or appropriate to ensure that each party receives the party’s full community property share in any retirement plan, whether public or private, including all survivor and death benefits, including, but not limited to, any of the following: (1) Order the disposition of retirement benefits payable upon or after the death of either party in a manner consistent with Section 2550. (2) Order a party to elect a survivor benefit annuity or other similar election for the benefit of the other party, as specified by the court, when a retirement plan provides for that election, provided that no court shall order a retirement plan to provide increased benefits determined on the basis of actuarial value. (3) Upon the agreement of the nonemployee spouse, order the division of accumulated community property contributions and service credit as provided in the following or similar enactments: (A) Article 2 (commencing with Section 21290) of Chapter 9 of Part 3 of Division 5 of Title 2 of the Government Code. (B) Chapter 12 (commencing with Section 22650) of Part 13 of Division 1 of Title 1 of the Education Code. (C) Article 8.4 (commencing with Section 31685) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code. (D) Article 2.5 (commencing with Section 75050) of Chapter 11 of Title 8 of the Government Code. (E) Chapter 15 (commencing with Section 27400) of Part 14 of Division 1 of Title 1 of the Education Code. (4) Order a retirement plan to make payments directly to a nonmember party of the nonmember party’s community property interest in retirement benefits. (b) A court shall not make an order that requires a retirement plan to do either of the following: (1) Make payments in a manner that will result in an increase in the amount of benefits provided by the plan. (2) Make the payment of benefits to a party at any time before the member retires, except as provided in paragraph (3) of subdivision (a), unless the plan so provides. (c) This section shall not be applied retroactively to payments made by a retirement plan to a person who retired or died prior to January 1, 1987, or to payments made to a person who retired or died prior to June 1, 1988, for plans subject to paragraph (3) of subdivision (a). (Amended by Stats. 2019, Ch. 115, Sec. 22. (AB 1817) Effective January 1, 2020.)
  5. 2611.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. RETIREMENT PLAN BENEFITS [2610 - 2611] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A filed tribal court order about certain retirement-plan or deferred-compensation benefits must be recognized as an order under this state’s domestic relations laws, but filing it does not give a state court power to modify or enforce it.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. RETIREMENT PLAN BENEFITS [2610 - 2611] ( Part 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2611. (a) A final order of a tribal court that creates or recognizes the existence of the right of a spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation to receive all or a portion of the benefits payable with respect to such plan participant, and that relates to the provision of child support, spousal support payments, or marital property rights to such spouse, former spouse, child, or other dependent, that is filed in accordance with Section 1733.1 of the Code of Civil Procedure shall be recognized as an order made pursuant to the domestic relations laws of this state. (b) The filing of the tribal court order does not confer any jurisdiction on a court of this state to modify or enforce the tribal court order. (Added by Stats. 2021, Ch. 58, Sec. 7. (AB 627) Effective January 1, 2022.)
  6. 2620.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Community-estate debts that are unpaid at trial, or that arise after trial, must be confirmed or divided under this part.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2620. The debts for which the community estate is liable which are unpaid at the time of trial, or for which the community estate becomes liable after trial, shall be confirmed or divided as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  7. 2621.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Debts a spouse incurred before marriage must be confirmed without offset to that spouse.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2621. Debts incurred by either spouse before the date of marriage shall be confirmed without offset to the spouse who incurred the debt. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  8. 2622.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Debts a spouse incurs after marriage but before separation are generally divided under the referenced property-division sections, except as subdivision (b) provides.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2622. (a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be divided as set forth in Sections 2550 to 2552, inclusive, and Sections 2601 to 2604, inclusive. (b) To the extent that community debts exceed total community and quasi-community assets, the excess of debt shall be assigned as the court deems just and equitable, taking into account factors such as the parties’ relative ability to pay. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  9. 2623.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section allocates debts incurred by either spouse after separation and before a dissolution or legal-separation judgment.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2623. Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the parties shall be confirmed as follows: (a) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt. (Amended by Stats. 1993, Ch. 219, Sec. 113. Effective January 1, 1994.)
  10. 2624.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Debts a spouse incurs after a dissolution judgment, but before the marriage ends, or after a legal separation judgment, are confirmed to that spouse without offset.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2624. Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties’ marital status or after entry of a judgment of legal separation of the parties shall be confirmed without offset to the spouse who incurred the debt. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  11. 2625.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Separate debts are confirmed to the spouse who incurred them without offset, including certain debts incurred during marriage before separation that were not for the benefit of the community.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2625. Notwithstanding Sections 2620 to 2624, inclusive, all separate debts, including those debts incurred by a spouse during marriage and before the date of separation that were not incurred for the benefit of the community, shall be confirmed without offset to the spouse who incurred the debt. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  12. 2626.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may order reimbursement for debts paid after separation but before trial when it considers that appropriate.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2626. The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  13. 2627.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says educational loans must be assigned under Section 2641, and certain liabilities must be assigned to the spouse whose act or omission caused them, without offset.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2627. Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and liabilities subject to paragraph (2) of subdivision (b) of Section 1000 shall be assigned to the spouse whose act or omission provided the basis for the liability, without offset. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  14. 2628.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may revise joint California income tax liabilities in a dissolution of marriage case if the Revenue and Taxation Code section requirements are met.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. DEBTS AND LIABILITIES [2620 - 2628] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2628. Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, joint California income tax liabilities may be revised by a court in a proceeding for dissolution of marriage, provided the requirements of Section 19006 of the Revenue and Taxation Code are satisfied. (Added by Stats. 2002, Ch. 374, Sec. 1. Effective January 1, 2003.)
  15. 2640.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. REIMBURSEMENTS [2640 - 2641] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says certain property-acquisition contributions must be reimbursed in a community estate division, unless there is a written waiver or a qualifying transmutation.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. REIMBURSEMENTS [2640 - 2641] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2640. (a) “Contributions to the acquisition of property,” as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property. (b) In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party’s contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division. (c) A party shall be reimbursed for the party’s separate property contributions to the acquisition of property of the other spouse’s separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to reimbursement. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division. (Amended by Stats. 2004, Ch. 119, Sec. 1. Effective January 1, 2005.)
  16. 2641.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. REIMBURSEMENTS [2640 - 2641] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires reimbursement for certain community-funded education or training costs when a marriage ends or the parties separate, and it assigns related education loans to the party who incurred them, subject to listed exceptions and an express written agreement.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. REIMBURSEMENTS [2640 - 2641] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2641. (a) “Community contributions to education or training” as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were resident in this state or resident outside this state. (b) Subject to the limitations provided in this section, upon dissolution of marriage or legal separation of the parties: (1) The community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party. The amount reimbursed shall be with interest at the legal rate, accruing from the end of the calendar year in which the contributions were made. (2) A loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division pursuant to this division but shall be assigned for payment by the party. (c) The reimbursement and assignment required by this section shall be reduced or modified to the extent circumstances render such a disposition unjust, including, but not limited to, any of the following: (1) The community has substantially benefited from the education, training, or loan incurred for the education or training of the party. There is a rebuttable presumption, affecting the burden of proof, that the community has not substantially benefited from community contributions to the education or training made less than 10 years before the commencement of the proceeding, and that the community has substantially benefited from community contributions to the education or training made more than 10 years before the commencement of the proceeding. (2) The education or training received by the party is offset by the education or training received by the other party for which community contributions have been made. (3) The education or training enables the party receiving the education or training to engage in gainful employment that substantially reduces the need of the party for support that would otherwise be required. (d) Reimbursement for community contributions and assignment of loans pursuant to this section is the exclusive remedy of the community or a party for the education or training and any resulting enhancement of the earning capacity of a party. However, nothing in this subdivision limits consideration of the effect of the education, training, or enhancement, or the amount reimbursed pursuant to this section, on the circumstances of the parties for the purpose of an order for support pursuant to Section 4320. (e) This section is subject to an express written agreement of the parties to the contrary. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  17. 2650.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 8. JOINTLY HELD SEPARATE PROPERTY [2650- 2650.] ( Part 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a community-estate division case, the court may divide the parties’ separate property interests in real and personal property held as joint tenants or tenants in common, if either party requests it.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 8. JOINTLY HELD SEPARATE PROPERTY [2650- 2650.] ( Part 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2650. In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property shall be divided together with, and in accordance with the same procedure for and limitations on, division of community estate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  18. 2660.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 9. REAL PROPERTY LOCATED IN ANOTHER STATE [2660- 2660.] ( Part 9 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If marital property includes real estate in another state, the court should divide it without changing the interests in that property if possible; otherwise, the court may require conveyances or award money value instead.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 9. REAL PROPERTY LOCATED IN ANOTHER STATE [2660- 2660.] ( Part 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2660. (a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi-community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state. (b) If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division: (1) Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary. (2) Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  19. 270.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. )

    Verify source ↗

    If a court orders a party to pay attorney’s fees or costs under this code, the court must first determine whether the party has or is reasonably likely to have the ability to pay.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. ) ## 270. If a court orders a party to pay attorney’s fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay. (Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.)
  20. 271.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. )

    Verify source ↗

    A court may award attorney’s fees and costs as a sanction based on how the parties’ conduct affects settlement and litigation costs, but it must consider the parties’ finances and avoid an unreasonable burden.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. ) ## 271. (a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which any conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award. (b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice by the requesting party or the court to the party against whom the sanction is proposed and opportunity for that party to be heard is provided by the court. (c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. (Amended by Stats. 2023, Ch. 67, Sec. 1. (AB 1179) Effective January 1, 2024.)
  21. 272.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. )

    Verify source ↗

    The court may let attorney’s fees and costs be paid to the attorney, and an attorney or the represented party may enforce the fee order. A former attorney may enforce only after giving 10 days’ written notice to the former client or successor counsel, and the client may seek reallocation during that 10-day period.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. ) ## 272. (a) Where the court orders one of the parties to pay attorney’s fees and costs for the benefit of the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to the attorney entitled thereto. (b) Subject to subdivision (c), the order providing for payment of the attorney’s fees and costs may be enforced directly by the attorney in the attorney’s own name or by the party in whose behalf the order was made. (c) If the attorney has ceased to be the attorney for the party in whose behalf the order was made, the attorney may enforce the order only if it appears of record that the attorney has given to the former client or successor counsel 10 days’ written notice of the application for enforcement of the order. During the 10-day period, the client may file in the proceeding a motion directed to the former attorney for partial or total reallocation of fees and costs to cover the services and cost of successor counsel. On the filing of the motion, the enforcement of the order by the former attorney shall be stayed until the court has resolved the motion. (Repealed and added by Stats. 1993, Ch. 219, Sec. 87. Effective January 1, 1994.)
  22. 273.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. )

    Verify source ↗

    The court may not award attorney’s fees against a governmental agency in a family law matter or child support proceeding, except when sanctions are appropriate under the cited sections.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. ) ## 273. Notwithstanding any other provision of this code, the court shall not award attorney’s fees against any governmental agency involved in a family law matter or child support proceeding except when sanctions are appropriate pursuant to Section 128.5 of the Code of Civil Procedure or Section 271 of this code. (Added by Stats. 1994, Ch. 1269, Sec. 10. Effective January 1, 1995.)
  23. 274.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. )

    Verify source ↗

    An injured spouse entitled to a Section 4324 remedy may receive reasonable attorney’s fees and costs as a sanction. The requesting party does not have to show financial need.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 5. ATTORNEY'S FEES AND COSTS [270 - 274] ( Part 5 repealed and added by Stats. 1993, Ch. 219, Sec. 87. ) ## 274. (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall be entitled to an award of reasonable attorney’s fees and costs as a sanction pursuant to this section. (b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard. (c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award. (Amended by Stats. 2006, Ch. 538, Sec. 156. Effective January 1, 2007.)
  24. 290.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may enforce a judgment or order under this code by execution, appointing a receiver, contempt, or any other order it decides is necessary.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 290. A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary. (Amended by Stats. 2006, Ch. 86, Sec. 2. Effective January 1, 2007.)
  25. 291.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says certain family-code judgments stay enforceable until paid or otherwise satisfied, do not need renewal to remain enforceable, and may be renewed in some cases.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 291. (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied. (b) A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment. (c) A judgment described in this section may be renewed pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An application for renewal of a judgment described in this section, whether or not payable in installments, may be filed: (1) If the judgment has not previously been renewed as to past due amounts, at any time. (2) If the judgment has previously been renewed, the amount of the judgment as previously renewed and any past due amount that became due and payable after the previous renewal may be renewed at any time after a period of at least five years has elapsed from the time the judgment was previously renewed. (d) In an action to enforce a judgment for child, family, or spousal support, the defendant may raise, and the court may consider, the defense of laches only with respect to any portion of the judgment that is owed to the state. (e) Nothing in this section supersedes the law governing enforcement of a judgment after the death of the judgment creditor or judgment debtor. (f) On or before January 1, 2008, the Judicial Council shall develop self-help materials that include: (1) a description of the remedies available for enforcement of a judgment under this code, and (2) practical advice on how to avoid disputes relating to the enforcement of a support obligation. The self-help materials shall be made available to the public through the Judicial Council self-help Internet Web site. (g) As used in this section, “judgment” includes an order. (Amended by Stats. 2007, Ch. 130, Sec. 87. Effective January 1, 2008.)
  26. 292.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must rename one family-law contempt form and prescribe another form with specific plain-language content and signature/date lines.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 6. ENFORCEMENT OF JUDGMENTS AND ORDERS [290 - 292] ( Part 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 292. (a) The Judicial Council shall modify the title of its existing form, “Order to Show Cause and Declaration for Contempt (Family Law),” to “Order to Show Cause and Affidavit for Contempt (Family Law).” (b) The Judicial Council shall prescribe a form entitled “Affidavit of Facts Constituting Contempt” that a party seeking to enforce a judgment or order made or entered pursuant to this code by contempt may use as an attachment to the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law).” The form shall provide in the simplest language possible: (1) The basic information needed to sustain a cause of action for contempt, including, but not limited to, the elements of a cause of action for contempt. (2) Instructions on how to prepare and submit the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt. (3) Lines for the date and a signature made under penalty of perjury. (c) Section 1211.5 of the Code of Civil Procedure shall apply to the Order to Show Cause and Affidavit for Contempt (Family Law) and the Affidavit of Facts Constituting Contempt. (Added by Stats. 1995, Ch. 904, Sec. 2. Effective January 1, 1996.)
  27. 295.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. TRIBAL MARRIAGES AND DIVORCES [295- 295.] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain pre-1958 tribal unions recognized by custom are treated as valid marriages in California, and qualifying separations are treated as valid divorces.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 7. TRIBAL MARRIAGES AND DIVORCES [295- 295.] ( Part 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 295. (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of determining the validity of a marriage under the laws of this state, an alliance entered into before 1958, which, by custom of the Indian tribe, band, or group of which the parties to the alliance, or either of them, are members, is commonly recognized in the tribe, band, or group as marriage, is deemed a valid marriage under the laws of this state. (b) In the case of these marriages and for the purposes described in subdivision (a), a separation, which, by custom of the Indian tribe, band, or group of which the separating parties, or either of them, are members, is commonly recognized in the tribe, band, or group as a dissolution of marriage, is deemed a valid divorce under the laws of this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  28. 297.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    This section defines domestic partners and says a domestic partnership is established in California only when both people file a Declaration of Domestic Partnership and meet the listed requirements.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 297. (a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. (b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met: (1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity. (2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state. (3) Both persons are at least 18 years of age, except as provided in Section 297.1. (4) Both persons are capable of consenting to the domestic partnership. (Amended by Stats. 2019, Ch. 135, Sec. 1. (SB 30) Effective January 1, 2020.)
  29. 297.1.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    A minor may establish a domestic partnership only with a court order, and the court must follow interview, report, and consideration steps before granting permission.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 297.1. (a) A person under 18 years of age who, together with the other proposed domestic partner, otherwise meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, may establish a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. (b) (1) The court order and written consent of the parents of each person under 18 years of age or of one of the parents or the guardian of each person under 18 years of age, except as provided in paragraph (2), shall be filed with the clerk of the court, and a certified copy of the order shall be filed with the Secretary of State with the Declaration of Domestic Partnership. (2) If it appears to the satisfaction of the court by application of a person under 18 years of age that the person requires a written consent to establish a domestic partnership and that the minor has no parent or guardian, or has no parent or guardian capable of consenting, the court may make an order consenting to establishing the domestic partnership. The order shall be filed with the clerk of the court and a certified copy of the order shall be filed with the Secretary of State with the Declaration of Domestic Partnership. (3) Notwithstanding any other law, immediately after the Secretary of State creates or updates the document described in Section 298.8 using the information required for the document and that is contained in a certified copy of a court order filed with the Secretary of State with the Declaration of Domestic Partnership pursuant to this subdivision, the Secretary of State may dispose of the certified copy of the court order. (c) In determining whether to issue a court order granting permission to establish a domestic partnership, the court shall do all of the following: (1) Require Family Court Services to separately interview the parties intending to establish a domestic partnership and, if applicable, at least one of the parents or the guardian of each party who is a minor. If more than one parent or guardian is interviewed, the parents or guardians shall be interviewed separately. (2) Require Family Court Services to prepare and submit to the court a written report, containing any assessment of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended domestic partnership. The report shall also contain recommendations of Family Court Services for either granting or denying the parties permission to establish a domestic partnership. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, Family Court Services shall submit a report of the known or suspected child abuse or neglect to the county child protective services agency. (3) After receiving the report of the assessments of Family Court Services, as described in paragraph (2), separately interview in camera each of the parties prior to making a final determination regarding the court order. (4) Consider whether there is evidence of coercion or undue influence on the minor. (d) If the court issues an order granting the parties permission to establish a domestic partnership, and if one or both of the parties are 17 years of age or younger, the parties shall be eligible to file a Declaration of Domestic Partnership with the Secretary of State no earlier than 30 days from the time the court order was issued. (e) As part of the court order granting permission to establish a domestic partnership, the court shall, if it considers it necessary, require the parties to the prospective domestic partnership of a minor to participate, before the domestic partnership is established, in counseling concerning social, economic, and personal responsibilities incident to the domestic partnership. The parties shall not be required to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of counseling provided by the county or the court. The fees shall be used exclusively to cover the cost of the counseling services authorized by this section. (f) (1) Only for purposes of completing the document described in Section 298.8, and not for purposes of making a determination regarding the court order, the gender of each party intending to establish a domestic partnership, if provided, shall be documented on the court order granting permission to establish the domestic partnership. (2) The date of birth of each party intending to establish a domestic partnership shall also be documented on the court order granting permission to establish the domestic partnership. (g) Upon issuance of the order granting permission to establish a domestic partnership, the minor shall be provided with the following information: (1) The rights and responsibilities of an emancipated minor, including, but not limited to, the effects of emancipation as described in Chapter 2 (commencing with Section 7050) of Part 6 of Division 11. (2) (A) The circumstances under which a domestic partnership may be determined by a court to be void or voidable and adjudged a nullity and the procedure for obtaining that judicial determination. (B) The procedures for termination of a domestic partnership. (3) Telephone numbers for the National Domestic Violence Hotline and the National Sexual Assault Hotline. (4) The conditions under which an unemancipated minor may leave home and seek to remain in a shelter or otherwise live separately from the minor’s parent or guardian, and whether the consent or acquiescence of a parent or guardian is required to remain away from the home of the parent or guardian, the rights of an unemancipated minor to apply for a protective or restraining order to prevent abuse, and the rights of a minor to enter into contracts, including contracts for legal services and mental health counseling. (h) (1) Subdivisions (c) and (d) do not apply to a minor who is 17 years of age and who has achieved a high school diploma or a high school equivalency certificate. (2) Subdivision (d) does not apply to a minor who is 16 or 17 years of age and who is pregnant or whose prospective domestic partner is pregnant. (Amended by Stats. 2019, Ch. 135, Sec. 2. (SB 30) Effective January 1, 2020.)
  30. 297.5.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    Registered domestic partners must be treated the same as spouses in the rights, protections, benefits, responsibilities, obligations, and duties described here, with listed exceptions.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 1. DEFINITIONS [297 - 297.5] ( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 297.5. (a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon spouses. (b) Former registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon former spouses. (c) A surviving registered domestic partner, following the death of the other partner, shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law, whether they derive from statutes, administrative regulations, court rules, government policies, common law, or any other provisions or sources of law, as are granted to and imposed upon a widow or a widower. (d) The rights and obligations of registered domestic partners with respect to a child of either of them shall be the same as those of spouses. The rights and obligations of former or surviving registered domestic partners with respect to a child of either of them shall be the same as those of former or surviving spouses. (e) To the extent that provisions of California law adopt, refer to, or rely upon, provisions of federal law in a way that otherwise would cause registered domestic partners to be treated differently than spouses, registered domestic partners shall be treated by California law as if federal law recognized a domestic partnership in the same manner as California law. (f) Registered domestic partners shall have the same rights regarding nondiscrimination as those provided to spouses. (g) No public agency in this state may discriminate against any person or couple on the ground that the person is a registered domestic partner rather than a spouse or that the couple are registered domestic partners rather than spouses, except that nothing in this section applies to modify eligibility for long-term care plans pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 of the Government Code. (h) This act does not preclude any state or local agency from exercising its regulatory authority to implement statutes providing rights to, or imposing responsibilities upon, domestic partners. (i) This section does not amend or modify any provision of the California Constitution or any provision of any statute that was adopted by initiative. (j) Where necessary to implement the rights of registered domestic partners under this act, gender-specific terms referring to spouses shall be construed to include domestic partners. (k) (1) For purposes of the statutes, administrative regulations, court rules, government policies, common law, and any other provision or source of law governing the rights, protections, and benefits, and the responsibilities, obligations, and duties of registered domestic partners in this state, as effectuated by this section, with respect to community property, mutual responsibility for debts to third parties, the right in particular circumstances of either partner to seek financial support from the other following the dissolution of the partnership, and other rights and duties as between the partners concerning ownership of property, any reference to the date of a marriage shall be deemed to refer to the date of registration of a domestic partnership with the state. (2) Notwithstanding paragraph (1), for domestic partnerships registered with the state before January 1, 2005, an agreement between the domestic partners that the partners intend to be governed by the requirements set forth in Sections 1600 to 1620, inclusive, and which complies with those sections, except for the agreement’s effective date, shall be enforceable as provided by Sections 1600 to 1620, inclusive, if that agreement was fully executed and in force as of June 30, 2005. (Amended by Stats. 2006, Ch. 802, Sec. 2. Effective January 1, 2007.)
  31. 298.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    The Secretary of State must prepare and provide domestic partnership forms, and the filing process includes required notarization, fees, and declarations by the applicants.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 298. (a) (1) The Secretary of State shall prepare forms entitled “Declaration of Domestic Partnership” and “Notice of Termination of Domestic Partnership” to meet the requirements of this division. These forms shall require the signature and seal of an acknowledgment by a notary public to be binding and valid. (2) The instructions on the “Declaration of Domestic Partnership” form shall include both of the following: (A) An explanation that registered domestic partners have the same rights, protections, and benefits, and are subject to the same responsibilities, obligations, and duties under law as are granted to and imposed upon spouses. (B) An explanation of how to terminate a registered domestic partnership. (3) When funding allows, the Secretary of State shall include on the form notice that a lesbian, gay, bisexual, and transgender specific domestic abuse brochure is available upon request. (b) (1) These forms shall be available to the public at the office of the Secretary of State or on the Secretary of State’s internet website. The Secretary of State’s internet website shall include all of the information required in paragraph (2) of subdivision (a). (2) The Secretary of State shall, by regulation, establish fees for the actual costs of processing each of these forms and shall charge these fees to persons filing the forms. (3) There is hereby established a fee of twenty-three dollars ($23) to be charged in addition to the existing fees established by regulation to persons filing domestic partner registrations pursuant to Section 297 for development and support of a lesbian, gay, bisexual, and transgender curriculum for training workshops on domestic violence, conducted pursuant to Section 13823.15 of the Penal Code, and for the support of a grant program to promote healthy nonviolent relationships in the lesbian, gay, bisexual, and transgender community. This paragraph does not apply to persons filing a domestic partner registration when one or both of the domestic partners are 62 years of age or older. (4) The fee established by paragraph (3) shall be deposited in the Equality in Prevention and Services for Domestic Abuse Fund, which is hereby established. The fund shall be administered by the Office of Emergency Services, and expenditures from the fund shall be used to support the purposes of paragraph (3). (c) The Declaration of Domestic Partnership shall require each person who wants to become a domestic partner to (1) state that the person meets the requirements of Section 297 at the time the form is signed, (2) provide a mailing address, (3) state that the person consents to the jurisdiction of the Superior Courts of California for the purpose of a proceeding to obtain a judgment of dissolution or nullity of the domestic partnership or for legal separation of partners in the domestic partnership, or for any other proceeding related to the partners’ rights and obligations, even if one or both partners ceases to be a resident of, or to maintain a domicile in, this state, (4) sign the form with a declaration that representations made therein are true, correct, and contain no material omissions of fact to the best knowledge and belief of the applicant, and (5) have a notary public acknowledge the signature. Both partners’ signatures shall be affixed to one Declaration of Domestic Partnership form, which shall then be transmitted to the Secretary of State according to the instructions provided on the form. Filing an intentionally and materially false Declaration of Domestic Partnership shall be punishable as a misdemeanor. (d) The Declaration of Domestic Partnership form shall contain an optional section for either party or both parties to indicate a change in name pursuant to Section 298.6. The optional section shall require a party indicating a change in name to provide the person’s date of birth. (Amended by Stats. 2019, Ch. 135, Sec. 3. (SB 30) Effective January 1, 2020.)
  32. 298.5.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    This section lets two people file a domestic partnership declaration, requires the Secretary of State to register it and send related documents, and limits filing a new declaration or a different civil marriage while the partnership remains in force.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 298.5. (a) Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State. (b) The Secretary of State shall register the Declaration of Domestic Partnership in a registry for those partnerships, and shall return a copy of the registered form, a Certificate of Registered Domestic Partnership, and a copy of the brochure that is made available to county clerks and the Secretary of State by the State Department of Public Health pursuant to Section 358 and distributed to individuals receiving a confidential marriage license pursuant to Section 503, to the domestic partners at the mailing address provided by the domestic partners. (c) A person who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a civil marriage with someone other than their registered domestic partner unless the most recent domestic partnership has been terminated or a final judgment of dissolution or nullity of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died. (d) When funding allows, the Secretary of State shall print and make available upon request, pursuant to Section 358, a lesbian, gay, bisexual, and transgender specific domestic abuse brochure developed by the State Department of Public Health and made available to the Secretary of State to domestic partners who qualify pursuant to Section 297. (e) The Certificate of Registered Domestic Partnership shall include the name used by each party before registration of the domestic partnership and the new name, if any, selected by each party upon registration of the domestic partnership. (Amended by Stats. 2019, Ch. 135, Sec. 4. (SB 30) Effective January 1, 2020.)
  33. 298.6.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    Registered domestic partners are not required to share the same name, and either party may choose a name change when registering, subject to the stated form and anti-fraud conditions.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 298.6. (a) Parties to a registered domestic partnership shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon registration as a domestic partner unless that person elects to change their name pursuant to subdivision (b). (b) (1) One party or both parties to a registered domestic partnership may elect to change the middle or last names by which that party wishes to be known after registration of the domestic partnership by entering the new name in the space provided on the Declaration of Domestic Partnership form without intent to defraud. (2) A person may adopt any of the following middle or last names pursuant to paragraph (1): (A) The current last name of the other domestic partner. (B) The last name of either domestic partner given at birth. (C) A name combining into a single last name all or a segment of the current last name or the last name of either domestic partner given at birth. (D) A hyphenated combination of last names. (3) (A) An election by a person to change the person’s name pursuant to paragraph (1) shall serve as a record of the name change. A certified copy of the Declaration of Domestic Partnership containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful. (B) A certified copy of a Declaration of Domestic Partnership shall be accepted as identification establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. (C) This section does not prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. Those documents may include, without limitation, a certified copy of a document that is substantially equivalent to a Certificate of Registered Domestic Partnership that records either of the following: (i) A legal union of two persons that was validly formed in another jurisdiction and is recognized as a valid domestic partnership in this state pursuant to Section 299.2. (ii) A legal union of domestic partners as defined by a local jurisdiction pursuant to Section 299.6. (D) This section shall be applied in a manner consistent with the requirements of Sections 1653.5 and 12801 of the Vehicle Code. (4) The adoption of a new name, or the choice not to adopt a new name, by means of a Declaration of Domestic Partnership pursuant to paragraph (1) shall not abrogate the right of either party to adopt a different name through usage at a future date, or to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure. (c) This section does not abrogate the common law right of a person to change the person’s name, or the right of a person to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 2019, Ch. 135, Sec. 5. (SB 30) Effective January 1, 2020.)
  34. 298.7.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    The Secretary of State must create a process for qualifying domestic partners to register confidentially, keep the declarations as permanent confidential records, and may charge a reasonable fee to cover confidentiality costs.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 298.7. The Secretary of State shall establish a process by which two persons, who have been living together as domestic partners and who meet the requirements of paragraphs (1) to (4), inclusive, of subdivision (b) of Section 297, may enter into a confidential domestic partnership. This process shall do all of the following: (a) Maintain each confidential Declaration of Domestic Partnership as a permanent record that is not open to public inspection except upon order of the court issued upon a showing of good cause. (b) Authorize the Secretary of State to charge a reasonable fee to offset costs directly connected with maintaining confidentiality of a Declaration of Domestic Partnership. (Amended by Stats. 2019, Ch. 135, Sec. 6. (SB 30) Effective January 1, 2020.)
  35. 298.8.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    The Secretary of State must create and update a county-disaggregated document about certain domestic partnerships, and must make it available to the public on request.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 2. REGISTRATION [298 - 298.8] ( Part 2 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 298.8. (a) The Secretary of State shall create a document no later than March 1, 2020, with annual updates no later than March 1 of each year thereafter, disaggregated by county, containing only the following information concerning domestic partnerships that were registered during the preceding calendar year and in which one or both of the parties were minors at the time the domestic partnership was established: (1) The total number of those registered domestic partnerships. (2) Itemized for each of those registered domestic partnerships, the age of each party at the time the domestic partnership was established. (3) Itemized for each of those registered domestic partnerships, the gender of each party as documented on the court order pursuant to Section 297.1, unless the court order does not include the gender. (b) The document shall not contain the names, addresses, or other personal identifying information of parties to a registered domestic partnership, or any information identifying a registered domestic partnership. The document shall not contain a registered domestic partnership or a copy of the court order described in Section 297.1. (c) The Secretary of State shall make the document available to the public upon request. (Added by Stats. 2018, Ch. 660, Sec. 2. (SB 273) Effective January 1, 2019.)
  36. 299.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 3. TERMINATION [299 - 299.2] ( Part 3 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    A registered domestic partnership can be terminated by filing a notice with the Secretary of State if the listed conditions are met.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 3. TERMINATION [299 - 299.2] ( Part 3 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 299. (a) A registered domestic partnership may be terminated without filing a proceeding for dissolution of domestic partnership by the filing of a Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that all of the following conditions exist at the time of the filing: (1) The Notice of Termination of Domestic Partnership is signed by both registered domestic partners. (2) There are no children of the relationship of the parties born before or after registration of the domestic partnership or adopted by the parties after registration of the domestic partnership, and neither of the registered domestic partners, to their knowledge, is pregnant. (3) The registered domestic partnership is not more than five years in duration. (4) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements: (A) The lease does not include an option to purchase. (B) The lease terminates within one year from the date of filing of the Notice of Termination of Domestic Partnership. (5) There are no unpaid obligations in excess of the amount described in paragraph (6) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, incurred by either or both of the parties after registration of the domestic partnership, excluding the amount of any unpaid obligation with respect to an automobile. (6) The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than the amount described in paragraph (7) of subdivision (a) of Section 2400, as adjusted by subdivision (b) of Section 2400, and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of that amount. (7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community property, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement. (8) The parties waive any rights to support by the other domestic partner. (9) The parties have read and understand a brochure prepared by the Secretary of State describing the requirements, nature, and effect of terminating a domestic partnership. (10) Both parties desire that the domestic partnership be terminated. (b) The registered domestic partnership shall be terminated effective six months after the date of filing of the Notice of Termination of Domestic Partnership with the Secretary of State pursuant to this section, provided that neither party has, before that date, filed with the Secretary of State a notice of revocation of the termination of domestic partnership, in the form and content as shall be prescribed by the Secretary of State, and sent to the other party a copy of the notice of revocation by first-class mail, postage prepaid, at the other party’s last known address. The effect of termination of a domestic partnership pursuant to this section shall be the same as, and shall be treated for all purposes as, the entry of a judgment of dissolution of a domestic partnership. (c) The termination of a domestic partnership pursuant to subdivision (b) does not prejudice nor bar the rights of either of the parties to institute an action in the superior court to set aside the termination for fraud, duress, mistake, or any other ground recognized at law or in equity. A court may set aside the termination of domestic partnership and declare the termination of the domestic partnership null and void upon proof that the parties did not meet the requirements of subdivision (a) at the time of the filing of the Notice of Termination of Domestic Partnership with the Secretary of State. (d) The superior courts shall have jurisdiction over all proceedings relating to the dissolution of domestic partnerships, nullity of domestic partnerships, and legal separation of partners in a domestic partnership. The dissolution of a domestic partnership, nullity of a domestic partnership, and legal separation of partners in a domestic partnership shall follow the same procedures, and the partners shall possess the same rights, protections, and benefits, and be subject to the same responsibilities, obligations, and duties, as apply to the dissolution of marriage, nullity of marriage, and legal separation of spouses in a marriage, respectively, except as provided in subdivision (a), and except that, in accordance with the consent acknowledged by domestic partners in the Declaration of Domestic Partnership form, proceedings for dissolution, nullity, or legal separation of a domestic partnership registered in this state may be filed in the superior courts of this state even if neither domestic partner is a resident of, or maintains a domicile in, the state at the time the proceedings are filed. (e) Parties to a registered domestic partnership who are also married to one another may petition the court to dissolve both their domestic partnership and their marriage in a single proceeding, in a form that shall be prescribed by the Judicial Council. (Amended by Stats. 2010, Ch. 397, Sec. 1. (AB 2700) Effective January 1, 2011.)
  37. 299.2.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 3. TERMINATION [299 - 299.2] ( Part 3 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    A qualifying foreign domestic partnership must be recognized as valid in this state.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 3. TERMINATION [299 - 299.2] ( Part 3 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 299.2. A legal union of two persons, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership as defined in this part, shall be recognized as a valid domestic partnership in this state regardless of whether it bears the name domestic partnership. (Amended by Stats. 2019, Ch. 135, Sec. 7. (SB 30) Effective January 1, 2020.)
  38. 299.6.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 5. PREEMPTION [299.6- 299.6.] ( Part 5 added by Stats. 1999, Ch. 588, Sec. 2. )

    Verify source ↗

    Local laws creating domestic partnerships are preempted after July 1, 2000, but earlier domestic partnerships stay valid and local jurisdictions may still adopt extra local rights or duties in some cases.

    ## Family Code - FAM ## DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## PART 5. PREEMPTION [299.6- 299.6.] ( Part 5 added by Stats. 1999, Ch. 588, Sec. 2. ) ## 299.6. (a) Any local ordinance or law that provides for the creation of a “domestic partnership” shall be preempted on and after July 1, 2000, except as provided in subdivision (c). (b) Domestic partnerships created under any local domestic partnership ordinance or law before July 1, 2000, shall remain valid. On and after July 1, 2000, domestic partnerships previously established under a local ordinance or law shall be governed by this division and the rights and duties of the partners shall be those set out in this division, except as provided in subdivision (c), provided a Declaration of Domestic Partnership is filed by the domestic partners under Section 298.5. (c) Any local jurisdiction may retain or adopt ordinances, policies, or laws that offer rights within that jurisdiction to domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction’s ordinances, policies, or laws, or that impose duties upon third parties regarding domestic partners as defined by Section 297 or as more broadly defined by the local jurisdiction’s ordinances, policies, or laws, that are in addition to the rights and duties set out in this division, and the local rights may be conditioned upon the agreement of the domestic partners to assume the additional obligations set forth in this division. (Added by Stats. 1999, Ch. 588, Sec. 2. Effective January 1, 2000.)
  39. 3.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This code provision says that, when a provision matches the substance of a uniform act provision, it should be interpreted to help make the law uniform across states that adopt it.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3. A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  40. 300.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Marriage requires the parties’ consent, but consent alone is not enough; a license and authorized solemnization are also required unless an exception applies.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 300. (a) Marriage is a personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500). (b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate. (Amended by Stats. 2014, Ch. 82, Sec. 2. (SB 1306) Effective January 1, 2015.)
  41. 3000.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The chapter’s definitions control how this division is read, unless the provision or context requires otherwise.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3000. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  42. 3002.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “joint custody” as joint physical custody and joint legal custody.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3002. “Joint custody” means joint physical custody and joint legal custody. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  43. 3003.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Joint legal custody” means both parents share the right and responsibility to make decisions about a child’s health, education, and welfare.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3003. “Joint legal custody” means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  44. 3004.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Defines “joint physical custody” as a parenting arrangement where each parent has significant periods of physical custody.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3004. “Joint physical custody” means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020. (Amended by Stats. 1997, Ch. 849, Sec. 1. Effective January 1, 1998.)
  45. 3006.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Sole legal custody” means one parent has the right and responsibility to make decisions about a child’s health, education, and welfare.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3006. “Sole legal custody” means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  46. 3007.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    “Sole physical custody” means a child lives with and is supervised by one parent, while the court may order visitation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [3000 - 3007] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3007. “Sole physical custody” means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  47. 301.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Two unmarried adults who are not otherwise disqualified are capable of consenting to and consummating marriage.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 301. Two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage. (Amended by Stats. 2014, Ch. 82, Sec. 3. (SB 1306) Effective January 1, 2015.)
  48. 3010.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. )

    Verify source ↗

    The mother of an unemancipated minor child, and a presumed father under Section 7611, are equally entitled to custody. If one parent is dead, unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. ) ## 3010. (a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child. (b) If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody of the child. (Repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. Effective January 1, 1994.)
  49. 3011.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. )

    Verify source ↗

    In child custody best-interests determinations, the court must consider listed factors and may require corroboration for abuse allegations, but it must not consider a parent’s, guardian’s, or relative’s sex, gender identity, gender expression, or sexual orientation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. ) ## 3011. (a) 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: (1) The health, safety, and welfare of the child. (2) (A) A history of abuse by one parent or any other person seeking custody against any of the following: (i) 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. (ii) The other parent. (iii) 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. (B) As a prerequisite to considering allegations of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence. As used in this paragraph, “abuse against a child” means “child abuse and neglect” as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means “abuse” as defined in Section 6203. (3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100. (4) 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. As used in this paragraph, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). (5) (A) When allegations about a parent pursuant to paragraph (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interest of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323. (B) Nothing in this paragraph eliminates the requirement that the contents of the stipulation be in the best interest of the child and be specific as to time, day, place, and manner of transfer of the child if the parties do stipulate in writing or on the record regarding custody or visitation. (b) Notwithstanding subdivision (a), 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. (Amended by Stats. 2023, Ch. 493, Sec. 2. (SB 599) Effective January 1, 2024.)
  50. 3012.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. )

    Verify source ↗

    If a party’s deportation or detention would materially affect attendance at a child custody proceeding, the court must let the party participate by electronic means on motion, if the technology is reasonably available and due process is protected. The section does not اجازه electronic recording for the official record.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [3000 - 3012] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Provisions [3010 - 3012] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 115.5. ) ## 3012. (a) If a party’s deportation or detention by the United States Immigration and Customs Enforcement of the Department of Homeland Security will have a material effect on the person’s ability, or anticipated ability, to appear in person at a child custody proceeding, the court shall, upon motion of the party, allow the party to present testimony and evidence and participate in mandatory child custody mediation by electronic means, including, but not limited to, telephone, video teleconferencing, or other electronic means that provide remote access to the hearing, to the extent that this technology is reasonably available to the court and protects the due process rights of all parties. (b) This section does not authorize the use of electronic recording for the purpose of taking the official record of these proceedings. (Amended by Stats. 2019, Ch. 115, Sec. 24. (AB 1817) Effective January 1, 2020.)
  51. 302.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person under 18 may receive a marriage license only after a court order allows the marriage and the Section 304 requirements are met.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 302. (a) An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304. (b) The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued. (Amended by Stats. 2018, Ch. 660, Sec. 3. (SB 273) Effective January 1, 2019.)
  52. 3020.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Courts must decide custody or visitation disputes in a way that protects the child’s health, safety, and welfare, especially when the policy goals conflict.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3020. (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. (Amended by Stats. 2019, Ch. 551, Sec. 2. (SB 495) Effective January 1, 2020.)
  53. 3021.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says which custody and visitation proceedings this part applies to.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3021. This part applies in any of the following: (a) A proceeding for dissolution of marriage. (b) A proceeding for nullity of marriage. (c) A proceeding for legal separation of the parties. (d) An action for exclusive custody pursuant to Section 3120. (e) A proceeding to determine physical or legal custody or for visitation in a proceeding pursuant to the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200)). In an action under Section 6323, nothing in this subdivision shall be construed to authorize physical or legal custody, or visitation rights, to be granted to any party to a Domestic Violence Prevention Act proceeding who has not established a parent and child relationship pursuant to paragraph (2) of subdivision (a) of Section 6323. (f) A proceeding to determine physical or legal custody or visitation in an action pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (g) A proceeding to determine physical or legal custody or visitation in an action brought by the district attorney pursuant to Section 17404. (Amended by Stats. 2000, Ch. 135, Sec. 58. Effective January 1, 2001.)
  54. 3022.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may make custody orders for a child during minority when it considers them necessary or proper.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3022. The court may, during the pendency of a proceeding or at any time thereafter, make an order for the custody of a child during minority that seems necessary or proper. (Added by renumbering Section 3021 by Stats. 1993, Ch. 219, Sec. 116.12. Effective January 1, 1994.)
  55. 3022.3.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In a child custody fact trial, the court must give a statement of decision if either party asks for one.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3022.3. Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request of either party, issue a statement of the decision explaining the factual and legal basis for its decision pursuant to Section 632 of the Code of Civil Procedure. (Added by Stats. 2006, Ch. 496, Sec. 3. Effective January 1, 2007.)
  56. 3022.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent’s motion to reconsider an existing child custody order must be granted if it is based on the other parent’s conviction for a crime tied to falsely accusing the moving parent of child abuse.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3022.5. A motion by a parent for reconsideration of an existing child custody order shall be granted if the motion is based on the fact that the other parent was convicted of a crime in connection with falsely accusing the moving parent of child abuse. (Added by Stats. 1995, Ch. 406, Sec. 1. Effective January 1, 1996.)
  57. 3023.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a child custody dispute is the only issue, the case gets priority and an early hearing. If custody is one issue among others, the court must hold a separate trial on custody and give that trial priority.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3023. (a) If custody of a minor child is the sole contested issue, the case shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date and shall be given an early hearing. (b) If there is more than one contested issue and one of the issues is the custody of a minor child, the court, as to the issue of custody, shall order a separate trial. The separate trial shall be given preference over other civil cases, except matters to which special precedence may be given by law, for assigning a trial date. (Amended by Stats. 1993, Ch. 219, Sec. 116.14. Effective January 1, 1994.)
  58. 3024.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In custody orders, the court may require a parent to notify the other parent before moving the child’s residence for more than 30 days.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3024. In making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent shall notify the other parent if the parent plans to change the residence of the child for more than 30 days, unless there is prior written agreement to the removal. The notice shall be given before the contemplated move, by mail, return receipt requested, postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent’s counsel of record. To the extent feasible, the notice shall be provided within a minimum of 45 days before the proposed change of residence so as to allow time for mediation of a new agreement concerning custody. This section does not affect orders made before January 1, 1989. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  59. 3025.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent cannot be denied access to a minor child’s records and information just because the parent is not the custodial parent.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child’s custodial parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  60. 3025.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In child custody or visitation proceedings, certain psychological evaluation reports and custody recommendations must be kept in the confidential part of the court file and generally may not be disclosed, except to listed persons or by court order for good cause.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3025.5. (a) In a proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding custody of, or visitation with, a child is submitted to the court, including, but not limited to, a report created pursuant to Chapter 6 (commencing with Section 3110) of this part and a recommendation made to the court pursuant to Section 3183, that information shall be contained in a document that shall be placed in the confidential portion of the court file of the proceeding, and may not be disclosed, except to the following persons: (1) A party to the proceeding and the party’s attorney. (2) A federal or state law enforcement officer, the licensing entity of a child custody evaluator, a judicial officer, court employee, or family court facilitator of the superior court of the county in which the action was filed, or an employee or agent of that facilitator, acting within the scope of the facilitator’s duties. (3) Counsel appointed for the child pursuant to Section 3150. (4) Any other person upon order of the court for good cause. (b) Confidential information contained in a report prepared pursuant to Section 3111 that is disclosed to the licensing entity of a child custody evaluator pursuant to subdivision (a) shall remain confidential and shall only be used for purposes of investigating allegations of unprofessional conduct by the child custody evaluator, or in a criminal, civil, or administrative proceeding involving the child custody evaluator. All confidential information, including, but not limited to, the identity of any minors, shall retain their confidential nature in a criminal, civil, or administrative proceeding resulting from the investigation of unprofessional conduct and shall be sealed at the conclusion of the proceeding and shall not subsequently be released. Names that are confidential shall be listed in attachments separate from the general pleadings. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the licensing entity decides that no further action will be taken in the matter of suspected licensing violations. (Amended by Stats. 2019, Ch. 115, Sec. 25. (AB 1817) Effective January 1, 2020.)
  61. 3026.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may not order family reunification services in a child custody or visitation rights proceeding.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3026. Family reunification services shall not be ordered as a part of a child custody or visitation rights proceeding. Nothing in this section affects the applicability of Section 16507 of the Welfare and Institutions Code. (Amended by Stats. 1993, Ch. 219, Sec. 116.16. Effective January 1, 1994.)
  62. 3027.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If child abuse is alleged in a custody case, the court may take temporary safety steps and may ask child welfare services to investigate. After the investigation, the agency must report its findings to the court.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3027. (a) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, deems appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this section shall affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code. (b) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding, the court may request that the local child welfare services agency conduct an investigation of the allegations pursuant to Section 328 of the Welfare and Institutions Code. Upon completion of the investigation, the agency shall report its findings to the court. (Amended by Stats. 2010, Ch. 352, Sec. 12. (AB 939) Effective January 1, 2011.)
  63. 3027.1.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may sanction a person who knowingly makes a false child abuse or neglect accusation in a child custody case.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3027.1. (a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney’s fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, “person” includes a witness, a party, or a party’s attorney. (b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served. (c) The remedy provided by this section is in addition to any other remedy provided by law. (Added by renumbering Section 3027 by Stats. 2000, Ch. 926, Sec. 2. Effective January 1, 2001.)
  64. 3027.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A parent cannot be put on supervised visitation or lose custody or visitation just for lawfully reporting suspected child sexual abuse, acting lawfully to investigate it, or seeking mental health treatment for the child. A court may limit custody or visitation only when there is substantial evidence of a knowingly false abuse report made to interfere with the other parent’s contact, and only after making required child-safety findings and considering the policy favoring continuing contact with both parents.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3027.5. (a) A parent shall not be placed on supervised visitation, or be denied custody of or visitation with the parent’s child, and custody or visitation rights shall not be limited, solely because the parent did any of the following: (1) Lawfully reported suspected sexual abuse of the child. (2) Otherwise acted lawfully, based on a reasonable belief, to determine if the child was the victim of sexual abuse. (3) Sought treatment for the child from a licensed mental health professional for suspected sexual abuse. (b) The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made. A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state’s policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020. (Amended by Stats. 2019, Ch. 115, Sec. 26. (AB 1817) Effective January 1, 2020.)
  65. 3028.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may order financial compensation in certain custody/visitation disputes, and the prevailing party may receive attorney’s fees if the required showing is made.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3028. (a) The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility or when a parent has been thwarted by the other parent when attempting to exercise custody or visitation rights contemplated by a custody or visitation order, including, but not limited to, an order for joint physical custody, or by a written or oral agreement between the parents. (b) The compensation shall be limited to (1) the reasonable expenses incurred for or on behalf of a child, resulting from the other parent’s failure to assume caretaker responsibility or (2) the reasonable expenses incurred by a parent for or on behalf of a child, resulting from the other parent’s thwarting of the parent’s efforts to exercise custody or visitation rights. The expenses may include the value of caretaker services but are not limited to the cost of services provided by a third party during the relevant period. (c) The compensation may be requested by noticed motion or an order to show cause, which shall allege, under penalty of perjury, (1) a minimum of one hundred dollars ($100) of expenses incurred or (2) at least three occurrences of failure to exercise custody or visitation rights or (3) at least three occurrences of the thwarting of efforts to exercise custody or visitation rights within the six months before filing of the motion or order. (d) Attorney’s fees shall be awarded to the prevailing party upon a showing of the nonprevailing party’s ability to pay as required by Section 270. (Amended by Stats. 1993, Ch. 219, Sec. 116.18. Effective January 1, 1994.)
  66. 3029.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If custody is awarded to a parent who receives, or is likely to receive, specified assistance, the court must include an order requiring the noncustodial parent to pay child support as able.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3029. An order granting custody to a parent who is receiving, or in the opinion of the court is likely to receive, assistance pursuant to the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) for the maintenance of the child shall include an order pursuant to Chapter 2 (commencing with Section 4000) of Part 2 of Division 9 of this code, directing the noncustodial parent to pay any amount necessary for the support of the child, to the extent of the noncustodial parent’s ability to pay. (Added by Stats. 1993, Ch. 219, Sec. 116.19. Effective January 1, 1994.)
  67. 303.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may approve a minor’s marriage license and permit the minor to marry if the minor applies and the court is satisfied the minor needs written consent and has no parent able to consent.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 303. If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry, in accordance with the requirements described in Section 304. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued. (Amended by Stats. 2018, Ch. 660, Sec. 4. (SB 273) Effective January 1, 2019.)
  68. 3030.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section limits custody and unsupervised visitation for certain people with specified sex-offense or violent-conviction histories, unless the court makes required written findings.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3030. (a) (1) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex offender under Section 290 of the Penal Code where the victim was a minor, or if the person has been convicted under Section 273a, 273d, or 647.6 of the Penal Code, unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides, nor permitted to have unsupervised visitation with that person, unless the court states the reasons for its findings in writing or on the record. (2) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if anyone residing in the person’s household is required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code, unless the court finds there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides, nor permitted to have unsupervised visitation with that person, unless the court states the reasons for its findings in writing or on the record. (3) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code, shall be prima facie evidence that the child is at significant risk. When making a determination regarding significant risk to the child, the prima facie evidence shall constitute a presumption affecting the burden of producing evidence. However, this presumption shall not apply if there are factors mitigating against its application, including whether the party seeking custody or visitation is also required, as the result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code. (b) No person shall be granted custody of, or visitation with, a child if the person has been convicted under Section 261 of the Penal Code and the child was conceived as a result of that violation. (c) No person shall be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child who is the subject of the order, unless the court finds that there is no risk to the child’s health, safety, and welfare, and states the reasons for its finding in writing or on the record. In making its finding, the court may consider, among other things, the following: (1) The wishes of the child, if the child is of sufficient age and capacity to reason so as to form an intelligent preference. (2) Credible evidence that the convicted parent was a victim of abuse, as defined in Section 6203, committed by the deceased parent. That evidence may include, but is not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of domestic abuse. (3) Testimony of an expert witness, qualified under Section 1107 of the Evidence Code, that the convicted parent experiences intimate partner battering. Unless and until a custody or visitation order is issued pursuant to this subdivision, no person shall permit or cause the child to visit or remain in the custody of the convicted parent without the consent of the child’s custodian or legal guardian. (d) The court may order child support that is to be paid by a person subject to subdivision (a), (b), or (c) to be paid through the local child support agency, as authorized by Section 4573 of the Family Code and Division 17 (commencing with Section 17000) of this code. (e) The court shall not disclose, or cause to be disclosed, the custodial parent’s place of residence, place of employment, or the child’s school, unless the court finds that the disclosure would be in the best interest of the child. (Amended by Stats. 2006, Ch. 207, Sec. 1. Effective January 1, 2007.)
  69. 3030.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may modify or end a custody or unsupervised visitation order in specified sex-offender-related situations, but it generally must give notice and a chance to be heard before changing an order on an ex parte petition.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3030.5. (a) Upon the motion of one or both parents, or the legal guardian or custodian, or upon the court’s own motion, an order granting physical or legal custody of, or unsupervised visitation with, a child may be modified or terminated if either of the following circumstances has occurred since the order was entered, unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record: (1) The person who has been granted physical or legal custody of, or unsupervised visitation with the child is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code. (2) The person who has been granted physical or legal custody of, or unsupervised visitation with, the child resides with another person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code. (b) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code, shall be prima facie evidence that the child is at significant risk. When making a determination regarding significant risk to the child, the prima facie evidence shall constitute a presumption affecting the burden of producing evidence. However, this presumption shall not apply if there are factors mitigating against its application, including whether the party seeking custody or visitation is also required, as the result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code. (c) The court shall not modify an existing custody or visitation order upon the ex parte petition of one party pursuant to this section without providing notice to the other party and an opportunity to be heard. This notice provision applies only when the motion for custody or visitation change is based solely on the fact that the child is allowed unsupervised contact with a person required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code and does not affect the court’s ability to remove a child upon an ex parte motion when there is a showing of immediate harm to the child. (Added by Stats. 2005, Ch. 483, Sec. 3. Effective January 1, 2006.)
  70. 3031.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When deciding custody or visitation, the court should check for protective orders and avoid orders that conflict with them unless specific findings are made. In domestic violence cases with a protective order, the court must set transfer details and consider supervised, limited, suspended, or denied arrangements.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3031. (a) Where the court considers the issue of custody or visitation the court is encouraged to make a reasonable effort to ascertain whether or not any emergency protective order, protective order, or other restraining order is in effect that concerns the parties or the minor. The court is encouraged not to make a custody or visitation order that is inconsistent with the emergency protective order, protective order, or other restraining order, unless the court makes both of the following findings: (1) The custody or visitation order cannot be made consistent with the emergency protective order, protective order, or other restraining order. (2) The custody or visitation order is in the best interest of the minor. (b) Whenever custody or visitation is granted to a parent in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the custody or visitation order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. Where the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location. (c) When making an order for custody or visitation in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any custody or visitation arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether custody or visitation shall be suspended or denied. (Amended by Stats. 1994, Ch. 320, Sec. 1. Effective January 1, 1995.)
  71. 3032.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council must run a state-funded one-year pilot project, and courts must appoint interpreters at court expense in covered custody-related proceedings when the language and financial conditions are met.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [3020 - 3032] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3032. (a) The Judicial Council shall establish a state-funded one-year pilot project beginning July 1, 1999, in at least two counties, including Los Angeles County, pursuant to which, in any child custody proceeding, including mediation proceedings pursuant to Section 3170, any action or proceeding under Division 10 (commencing with Section 6200), any action or proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12), and any proceeding for dissolution or nullity of marriage or legal separation of the parties in which a protective order as been granted or is being sought pursuant to Section 6221, the court shall, notwithstanding Section 68092 of the Government Code, appoint an interpreter to interpret the proceedings at court expense, if both of the following conditions are met: (1) One or both of the parties is unable to participate fully in the proceeding due to a lack of proficiency in the English language. (2) The party who needs an interpreter appears in forma pauperis, pursuant to Section 68511.3 of the Government Code, or the court otherwise determines that the parties are financially unable to pay the cost of an interpreter. In all other cases where an interpreter is required pursuant to this section, interpreter fees shall be paid as provided in Section 68092 of the Government Code. (3) This section shall not prohibit the court doing any of the following when an interpreter is not present: (A) Issuing an order when the necessity for the order outweighs the necessity for an interpreter. (B) Extending the duration of a previously issued temporary order if an interpreter is not readily available. (C) Issuing a permanent order where a party who requires an interpreter fails to make appropriate arrangements for an interpreter after receiving proper notice of the hearing, including notice of the requirement to have an interpreter present, along with information about obtaining an interpreter. (b) The Judicial Council shall submit its findings and recommendations with respect to the pilot project to the Legislature by January 31, 2001. Measurable objectives of the program may include increased utilization of the court by parties not fluent in English, increased efficiency in proceedings, increased compliance with orders, enhanced coordination between courts and culturally relevant services in the community, increased client satisfaction, and increased public satisfaction. (Added by Stats. 1998, Ch. 981, Sec. 2. Effective January 1, 1999.)
  72. 304.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a court considers permission for a minor to marry, it must gather interviews and reports, check for coercion, and may require premarital counseling. If permission is granted, the minor generally must wait 30 days before requesting a marriage license, unless an exception applies.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 304. (a) In determining whether to issue a court order granting permission to marry pursuant to Section 302 or 303, the court shall do all of the following: (1) Require Family Court Services to separately interview the parties intending to marry and, if applicable, at least one of the parents or the guardian of each party who is a minor. If more than one parent or guardian is interviewed, the parents or guardians shall be interviewed separately. (2) Require Family Court Services to prepare and submit to the court a written report, containing any assessment of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage. The report shall also contain recommendations of Family Court Services for either granting or denying the parties permission to marry. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, Family Court Services shall submit a report of the known or suspected child abuse or neglect to the county child protective services agency. (3) After receiving the report of the assessments of Family Court Services, as described in paragraph (2), separately interview in camera each of the parties prior to making a final determination regarding the court order. (4) Consider whether there is evidence of coercion or undue influence on the minor. (b) If the court issues an order granting the parties permission to marry pursuant to Section 302 or 303, and if one or both of the parties are 17 years of age or younger, the parties shall be eligible to request a marriage license no earlier than 30 days from the time the court order was issued. (c) As part of the court order granting permission to marry under Section 302 or 303, the court shall, if it considers it necessary, require the parties to the prospective marriage of a minor to participate in premarital counseling concerning social, economic, and personal responsibilities incident to marriage. The parties shall not be required to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of premarital counseling provided by the county or the court. The fees shall be used exclusively to cover the cost of the counseling services authorized by this section. (d) (1) Only for purposes of completing the document described in Section 102233 of the Health and Safety Code, and not for purposes of making a determination regarding the court order, the gender of each party intending to marry, if provided, shall be documented on the court order granting permission to marry. (2) The date of birth of each party intending to marry shall also be documented on the court order granting permission to marry. (3) For purposes of the requirements on the person solemnizing the marriage under subdivision (b) of Section 423, and the requirements on the local registrar under subdivision (a) of Section 102356 of the Health and Safety Code, the court shall provide parties who are granted permission to marry with a copy of the court order granting permission to marry. (e) Upon issuance of the order granting permission to marry, the minor shall be provided with the following information: (1) The rights and responsibilities of an emancipated minor, including, but not limited to, the effects of emancipation as described in Chapter 2 (commencing with Section 7050) of Part 6 of Division 11. (2) (A) The circumstances under which a marriage may be determined by a court to be void or voidable and adjudged a nullity and the procedure for obtaining that judicial determination. (B) The procedures for legal separation or dissolution of marriage. (3) Telephone numbers for the National Domestic Violence Hotline and the National Sexual Assault Hotline. (4) The conditions under which an unemancipated minor may leave home and seek to remain in a shelter or otherwise live separately from the minor’s parent or guardian, and whether the consent or acquiescence of a parent or guardian is required to remain away from the home of the parent or guardian, the rights of an unemancipated minor to apply for a protective or restraining order to prevent abuse, and the rights of a minor to enter into contracts, including contracts for legal services and mental health counseling. (f) (1) Subdivisions (a) and (b) do not apply to a minor who is 17 years of age and who has achieved a high school diploma or a high school equivalency certificate. (2) Subdivision (b) does not apply to a minor who is 16 or 17 years of age and who is pregnant or whose prospective spouse is pregnant. (Amended by Stats. 2019, Ch. 115, Sec. 6. (AB 1817) Effective January 1, 2020.)
  73. 3040.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    The court must decide custody based on the child’s best interest and, in some cases, must consider or avoid specific factors.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3040. (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order. (2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment. (3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child. (b) The immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a). (c) 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 interest of the child under subdivision (a). (d) (1) Commencing January 1, 2024, if a court finds that the effects of a parent’s, legal guardian’s, or relative’s history of or current mental illness are a factor in determining the best interest of the child under subdivision (a), the court shall do both of the following: (A) Provide the parent, legal guardian, or relative with a list of local resources for mental health treatment. (B) State its reasons for the finding in writing or on the record. (2) This subdivision does not relieve a court from ensuring that the health, safety, and welfare of the child is the court’s primary concern in determining the best interests of children when making any order regarding the physical or legal custody, or visitation, of the child. (e) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child, consistent with this section. (f) In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child’s need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020. (Amended by Stats. 2022, Ch. 385, Sec. 3. (SB 1182) Effective January 1, 2023.)
  74. 3040.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    When deciding a child’s best interests under Section 3011, the court must consider relevant, admissible evidence that a parent caused human trafficking of the child or the other parent.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3040.5. When making a determination of the best interests of a child pursuant to Section 3011, the court shall consider any relevant, admissible evidence that a parent has caused human trafficking of the child or other parent. (Added by Stats. 2025, Ch. 452, Sec. 1. (AB 1375) Effective January 1, 2026.)
  75. 3041.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    Before granting custody to a nonparent over a parent’s objection, the court must find that custody with a parent would be detrimental and that the nonparent placement serves the child’s best interest.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3041. (a) Before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child. Allegations that parental custody would be detrimental to the child, other than a statement of that ultimate fact, shall not appear in the pleadings. The court may, in its discretion, exclude the public from the hearing on this issue. (b) Subject to subdivision (d), a finding that parental custody would be detrimental to the child shall be supported by clear and convincing evidence. (c) As used in this section, “detriment to the child” includes the harm of removal from a stable placement of a child with a person who has assumed, on a day-to-day basis, the role of the child’s parent, fulfilling both the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment does not require a finding of unfitness of the parents. (d) Notwithstanding subdivision (b), if the court finds by a preponderance of the evidence that the person to whom custody may be given is a person described in subdivision (c), this finding shall constitute a finding that the custody is in the best interest of the child and that parental custody would be detrimental to the child absent a showing by a preponderance of the evidence to the contrary. (e) Notwithstanding subdivisions (a) to (d), inclusive, if the child is an Indian child, when an allegation is made that parental custody would be detrimental to the child, before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall apply the evidentiary standards described in subdivisions (d), (e), and (f) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Sections 224.6 and 361.7 of the Welfare and Institutions Code and the placement preferences and standards set out in Section 361.31 of the Welfare and Institutions Code and Section 1922 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (Amended by Stats. 2019, Ch. 115, Sec. 27. (AB 1817) Effective January 1, 2020.)
  76. 3041.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    In qualifying custody, visitation, or guardianship proceedings, the court may order drug or alcohol testing, must use the least intrusive method, and must keep test results confidential.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3041.5. In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the illegal use of controlled substances and the use of alcohol if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship. This evidence may include, but may not be limited to, a conviction within the last five years for the illegal use or possession of a controlled substance. The court shall order the least intrusive method of testing for the illegal use of controlled substances or the habitual or continual abuse of alcohol by either or both parents, the legal custodian, person seeking guardianship, or person seeking visitation in a guardianship. If substance abuse testing is ordered by the court, the testing shall be performed in conformance with procedures and standards established by the United States Department of Health and Human Services for drug testing of federal employees. The parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship who has undergone drug testing shall have the right to a hearing, if requested, to challenge a positive test result. A positive test result, even if challenged and upheld, shall not, by itself, constitute grounds for an adverse custody or guardianship decision. Determining the best interests of the child requires weighing all relevant factors. The court shall also consider any reports provided to the court pursuant to the Probate Code. The results of this testing shall be confidential, shall be maintained as a sealed record in the court file, and may not be released to any person except the court, the parties, their attorneys, the Judicial Council, until completion of its authorized study of the testing process, and any person to whom the court expressly grants access by written order made with prior notice to all parties. Any person who has access to the test results may not disseminate copies or disclose information about the test results to any person other than a person who is authorized to receive the test results pursuant to this section. Any breach of the confidentiality of the test results shall be punishable by civil sanctions not to exceed two thousand five hundred dollars ($2,500). The results of the testing may not be used for any purpose, including any criminal, civil, or administrative proceeding, except to assist the court in determining, for purposes of the proceeding, the best interest of the child pursuant to Section 3011 and the content of the order or judgment determining custody or visitation. The court may order either party, or both parties, to pay the costs of the drug or alcohol testing ordered pursuant to this section. As used in this section, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). (Amended by Stats. 2012, Ch. 258, Sec. 2. (AB 2365) Effective January 1, 2013.)
  77. 3042.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    This section tells the court how to handle a child’s wishes and testimony in custody or visitation matters.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation. (b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interest of the child. (c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interest, in which case, the court shall state its reasons for that finding on the record. (d) This section does not prevent a child who is less than 14 years of age from addressing the court regarding custody or visitation, if the court determines that is appropriate pursuant to the child’s best interest. (e) If the court precludes the calling of a child as a witness, the court shall provide alternative means of obtaining input from the child and other information regarding the child’s preferences. (f) (1) Except as provided in paragraph (2), the court shall not permit a child addressing the court regarding custody or visitation to do so in the presence of the parties. The court shall provide an alternative to having the child address the court in the presence of the parties in order to obtain input directly from the child. (2) Notwithstanding paragraph (1), the court may permit the child addressing the court regarding custody or visitation to do so in the presence of the parties if the court determines that doing so is in the child’s best interest and states its reasons for that finding on the record. In determining the child’s best interest under this paragraph, the court shall consider whether addressing the court regarding custody or visitation in the presence of the parties is likely to be detrimental to the child. (g) To assist the court in determining whether the child wishes to express a preference or to provide other input regarding custody or visitation to the court, a minor’s counsel, an evaluator, an investigator, or a child custody recommending counselor shall indicate to the judge that the child wishes to address the court, or the judge may make that inquiry in the absence of that request. A party or a party’s attorney may also indicate to the judge that the child wishes to address the court or judge. (h) If a child informs the minor’s counsel, an evaluator, an investigator, or a child custody recommending counselor at any point that the child has changed their choice with respect to addressing the court, the minor’s counsel, evaluator, investigator, or child custody recommending counselor shall, as soon as feasible, indicate to the judge, the parties or their attorneys, and other professionals serving on the case that the child has changed their preference. (i) This section does not require the child to express to the court a preference or to provide other input regarding custody or visitation. (j) The Judicial Council shall, no later than January 1, 2023, develop or amend rules as necessary to implement this section. (Amended by Stats. 2021, Ch. 768, Sec. 2. (SB 654) Effective January 1, 2022.)
  78. 3043.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    When deciding custody under Section 3040, the court must consider a parent’s nomination of a guardian for the child and give it due weight.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3043. In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court shall consider and give due weight to the nomination of a guardian of the person of the child by a parent under Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 of Division 4 of the Probate Code. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. Effective January 1, 1994.)
  79. 3044.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    If a court finds a custody-seeking party committed domestic violence in the past five years, custody to that person is presumed harmful to the child unless rebutted by a preponderance of the evidence.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3044. (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of paragraph (2) of subdivision (a) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence. (b) To overcome the presumption set forth in subdivision (a), the court shall find that paragraph (1) is satisfied and shall find that the factors in paragraph (2), on balance, support the legislative findings in Section 3020. (1) The perpetrator of domestic violence has demonstrated that giving sole or joint physical or legal custody of a child to the perpetrator is in the best interest of the child pursuant to Sections 3011 and 3020. In determining the best interest of the child, the preference for frequent and continuing contact with both parents, as set forth in subdivision (b) of Section 3020, or with the noncustodial parent, as set forth in paragraph (1) of subdivision (a) of Section 3040, may not be used to rebut the presumption, in whole or in part. (2) Additional factors: (A) The perpetrator has successfully completed a batterer’s treatment program that meets the criteria outlined in subdivision (c) of Section 1203.097 of the Penal Code. (B) The perpetrator has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate. (C) The perpetrator has successfully completed a parenting class, if the court determines the class to be appropriate. (D) The perpetrator is on probation or parole, and has or has not complied with the terms and conditions of probation or parole. (E) The perpetrator is restrained by a protective order or restraining order, and has or has not complied with its terms and conditions. (F) The perpetrator of domestic violence has committed further acts of domestic violence. (G) The court has determined, pursuant to Section 6322.5, that the perpetrator is a restrained person in possession or control of a firearm or ammunition in violation of Section 6389, Section 527.9 of the Code of Civil Procedure, or Section 18120 of the Penal Code. (c) For purposes of this section, a person has “perpetrated domestic violence” when the person is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, or sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in behavior involving, but not limited to, threatening, striking, harassing, destroying personal property, or disturbing the peace of another, for which a court may issue an ex parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child’s siblings. (d) (1) For purposes of this section, the requirement of a finding by the court shall be satisfied by, among other things, and not limited to, evidence that a party seeking custody has been convicted within the previous five years, after a trial or a plea of guilty or no contest, of a crime against the other party that comes within the definition of domestic violence contained in Section 6211 and of abuse contained in Section 6203, including, but not limited to, a crime described in subdivision (e) of Section 243 of, or Section 261, 273.5, 422, or 646.9 of, or former Section 262 of, the Penal Code. (2) The requirement of a finding by the court shall also be satisfied if a court, whether that court hears or has heard the child custody proceedings or not, has made a finding pursuant to subdivision (a) based on conduct occurring within the previous five years. (e) When a court makes a finding that a party has perpetrated domestic violence, the court may not base its findings solely on conclusions reached by a child custody evaluator or on the recommendation of the Family Court Services staff, but shall consider any relevant, admissible evidence submitted by the parties. (f) (1) It is the intent of the Legislature that this subdivision be interpreted consistently with the decision in Jaime G. v. H.L. (2018) 25 Cal.App.5th 794, which requires that the court, in determining that the presumption in subdivision (a) has been overcome, make specific findings on each of the factors in subdivision (b). (2) If the court determines that the presumption in subdivision (a) has been overcome, the court shall state its reasons in writing or on the record as to why paragraph (1) of subdivision (b) is satisfied and why the factors in paragraph (2) of subdivision (b), on balance, support the legislative findings in Section 3020. (g) In an evidentiary hearing or trial in which custody orders are sought and where there has been an allegation of domestic violence, the court shall make a determination as to whether this section applies prior to issuing a custody order, unless the court finds that a continuance is necessary to determine whether this section applies, in which case the court may issue a temporary custody order for a reasonable period of time, provided the order complies with Sections 3011 and 3020. (h) In a custody or restraining order proceeding in which a party has alleged that the other party has perpetrated domestic violence in accordance with the terms of this section, the court shall inform the parties of the existence of this section and shall give them a copy of this section prior to custody mediation in the case. (i) This section shall become effective on January 1, 2026. (Repealed (in Sec. 6) and added by Stats. 2024, Ch. 544, Sec. 7. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  80. 3046.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    A court generally may not treat a parent’s absence or relocation from the family home as a custody or visitation factor, except in stated circumstances.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3046. (a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in determining custody or visitation in either of the following circumstances: (1) The absence or relocation is of short duration and the court finds that, during the period of absence or relocation, the party has demonstrated an interest in maintaining custody or visitation, the party maintains, or makes reasonable efforts to maintain, regular contact with the child, and the party’s behavior demonstrates no intent to abandon the child. (2) The party is absent or relocates because of an act or acts of actual or threatened domestic or family violence by the other party. (b) The court may consider attempts by one party to interfere with the other party’s regular contact with the child in determining if the party has satisfied the requirements of subdivision (a). (c)This section does not apply to either of the following: (1)A party against whom a protective or restraining order has been issued excluding the party from the dwelling of the other party or the child, or otherwise enjoining the party from assault or harassment against the other party or the child, including, but not limited to, orders issued under Part 4 (commencing with Section 6300) of Division 10, orders preventing civil harassment or workplace violence issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, and criminal protective orders issued pursuant to Section 136.2 of the Penal Code. (2) A party who abandons a child as provided in Section 7822. (Amended by Stats. 2006, Ch. 538, Sec. 157. Effective January 1, 2007.)
  81. 3047.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    This section limits custody changes based only on a parent’s military absence or deployment and gives courts special procedures for temporary custody, review, and participation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3047. (a) A party’s absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party’s activation to military duty or temporary duty, mobilization in support of combat or other military operation, or military deployment out of state. (b) (1) If a party with sole or joint physical custody or visitation receives temporary duty, deployment, or mobilization orders from the military that require the party to move a substantial distance from the party’s residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights, any necessary modification of the existing custody order shall be deemed a temporary custody order made without prejudice, which shall be subject to review and reconsideration upon the return of the party from military deployment, mobilization, or temporary duty. (2) If the temporary order is reviewed upon return of the party from military deployment, mobilization, or temporary duty, there shall be a presumption that the custody order shall revert to the order that was in place before the modification, unless the court determines that it is not in the best interest of the child. The court shall not, as part of its review of the temporary order upon the return of the deploying party, order a child custody evaluation under Section 3111 of this code or Section 730 of the Evidence Code, unless the party opposing reversion of the order makes a prima facie showing that reversion is not in the best interest of the child. (3) (A) If the court makes a temporary custody order, it shall consider any appropriate orders to ensure that the relocating party can maintain frequent and continuing contact with the child by means that are reasonably available. (B) Upon a motion by the relocating party, the court may grant reasonable visitation rights to a stepparent, grandparent, or other family member if the court does all of the following: (i) Finds that there is a preexisting relationship between the family member and the child that has engendered a bond such that visitation is in the best interest of the child. (ii) Finds that the visitation will facilitate the child’s contact with the relocating party. (iii) Balances the interest of the child in having visitation with the family member against the right of the parents to exercise parental authority. (C) This paragraph does not increase the authority of the persons described in subparagraph (B) to seek visitation orders independently. (D) The granting of visitation rights to a nonparent pursuant to subparagraph (B) shall not impact the calculation of child support. (c) If a party’s deployment, mobilization, or temporary duty will have a material effect on the party’s ability, or anticipated ability, to appear in person at a regularly scheduled hearing, the court shall do either of the following: (1) Upon motion of the party, hold an expedited hearing to determine custody and visitation issues prior to the departure of the party. (2) Upon motion of the party, allow the party to present testimony and evidence and participate in court-ordered child custody mediation by electronic means, including, but not limited to, telephone, video teleconferencing, or the internet, to the extent that this technology is reasonably available to the court and protects the due process rights of all parties. (d) A relocation by a nondeploying parent during a period of a deployed parent’s absence while a temporary modification order for a parenting plan is in effect shall not, by itself, terminate the exclusive and continuing jurisdiction of the court for purposes of later determining custody or parenting time under this chapter. (e) When a court of this state has issued a custody or visitation order, the absence of a child from this state during the deployment of a parent shall be considered a “temporary absence” for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400)), and the court shall retain exclusive continuing jurisdiction under Section 3422. (f) The deployment of a parent shall not be used as a basis to assert inconvenience of the forum under Section 3427. (g) For purposes of this section, the following terms have the following meanings: (1) “Deployment” means the temporary transfer of a member of the Armed Forces in active-duty status in support of combat or some other military operation. (2) “Mobilization” means the transfer of a member of the National Guard or Military Reserve to extended active-duty status, but does not include National Guard or Military Reserve annual training. (3) “Temporary duty” means the transfer of a servicemember from one military base to a different location, usually another base, for a limited period of time to accomplish training or to assist in the performance of a noncombat mission. (h) It is the intent of the Legislature that this section provide a fair, efficient, and expeditious process to resolve child custody and visitation issues when a party receives temporary duty, deployment, or mobilization orders from the military, as well as at the time that the party returns from service and files a motion to revert back to the custody order in place before the deployment. The Legislature intends that family courts shall, to the extent feasible within existing resources and court practices, prioritize the calendaring of these cases, avoid unnecessary delay or continuances, and ensure that parties who serve in the military are not penalized for their service by a delay in appropriate access to their children. (Amended by Stats. 2019, Ch. 115, Sec. 30. (AB 1817) Effective January 1, 2020.)
  82. 3048.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    Courts handling child custody or visitation orders must include specified findings and warnings, and may use preventive measures if abduction risk is found.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3048. (a) Notwithstanding any other law, in a proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain all of the following: (1) The basis for the court’s exercise of jurisdiction. (2) The manner in which notice and opportunity to be heard were given. (3) A clear description of the custody and visitation rights of each party. (4) A provision stating that a violation of the order may subject the party in violation to civil or criminal penalties, or both. (5) Identification of the country of habitual residence of the child or children. (b) (1) In cases in which the court becomes aware of facts that may indicate that there is a risk of abduction of a child, the court shall, either on its own motion or at the request of a party, determine whether measures are needed to prevent the abduction of the child by one parent. To make that determination, the court shall consider the risk of abduction of the child, obstacles to location, recovery, and return if the child is abducted, and potential harm to the child if the child is abducted. To determine whether there is a risk of abduction, the court shall consider the following factors: (A) Whether a party has previously taken, enticed away, kept, withheld, or concealed a child in violation of the right of custody or of visitation of a person. (B) Whether a party has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of the right of custody or of visitation of a person. (C) Whether a party lacks strong ties to this state. (D) Whether a party has strong familial, emotional, or cultural ties to another state or country, including foreign citizenship. This factor shall be considered only if evidence exists in support of another factor specified in this section. (E) Whether a party has no financial reason to stay in this state, including whether the party is unemployed, is able to work anywhere, or is financially independent. (F) Whether a party has engaged in planning activities that would facilitate the removal of a child from the state, including quitting a job, selling the primary residence, terminating a lease, closing a bank account, liquidating other assets, hiding or destroying documents, applying for a passport, applying to obtain a birth certificate or school or medical records, or purchasing airplane or other travel tickets, with consideration given to whether a party is carrying out a safety plan to flee from domestic violence. (G) Whether a party has a history of a lack of parental cooperation or child abuse, or there is substantiated evidence that a party has perpetrated domestic violence. (H) Whether a party has a criminal record. (2) If the court makes a finding that there is a need for preventative measures after considering the factors listed in paragraph (1), the court shall consider taking one or more of the following measures to prevent the abduction of the child: (A) Ordering supervised visitation. (B) Requiring a parent to post a bond in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to offset the cost of recovery of the child in the event there is an abduction. (C) Restricting the right of the custodial or noncustodial parent to remove the child from the county, the state, or the country. (D) Restricting the right of the custodial parent to relocate with the child, unless the custodial parent provides advance notice to, and obtains the written agreement of, the noncustodial parent, or obtains the approval of the court, before relocating with the child. (E) Requiring the surrender of passports and other travel documents. (F) Prohibiting a parent from applying for a new or replacement passport for the child. (G) Requiring a parent to notify a relevant foreign consulate or embassy of passport restrictions and to provide the court with proof of that notification. (H) Requiring a party to register a California order in another state as a prerequisite to allowing a child to travel to that state for visits, or to obtain an order from another country containing terms identical to the custody and visitation order issued in the United States (recognizing that these orders may be modified or enforced pursuant to the laws of the other country), as a prerequisite to allowing a child to travel to that country for visits. (I) Obtaining assurances that a party will return from foreign visits by requiring the traveling parent to provide the court or the other parent or guardian with any of the following: (i) The travel itinerary of the child. (ii) Copies of round trip airline tickets. (iii) A list of addresses and telephone numbers where the child can be reached at all times. (iv) An open airline ticket for the left-behind parent in case the child is not returned. (J) Including provisions in the custody order to facilitate use of the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400)) and the Hague Convention on the Civil Aspects of International Child Abduction (implemented pursuant to 42 U.S.C. Sec. 11601 et seq.), such as identifying California as the home state of the child or otherwise defining the basis for the California court’s exercise of jurisdiction under Part 3 (commencing with Section 3400), identifying the United States as the country of habitual residence of the child pursuant to the Hague Convention, defining custody rights pursuant to the Hague Convention, obtaining the express agreement of the parents that the United States is the country of habitual residence of the child, or that California or the United States is the most appropriate forum for addressing custody and visitation orders. (K) Authorizing the assistance of law enforcement. (3) If the court imposes any or all of the conditions listed in paragraph (2), those conditions shall be specifically noted on the minute order of the court proceedings. (4) If the court determines there is a risk of abduction that is sufficient to warrant the application of one or more of the prevention measures authorized by this section, the court shall inform the parties of the telephone number and address of the Child Abduction Unit in the office of the district attorney in the county where the custody or visitation order is being entered. (c) The Judicial Council shall make the changes to its child custody order forms that are necessary for the implementation of subdivision (b). (d) This section does not affect the applicability of Section 278.7 of the Penal Code. (Amended by Stats. 2019, Ch. 115, Sec. 31. (AB 1817) Effective January 1, 2020.)
  83. 3049.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. )

    Verify source ↗

    This section states legislative intent to codify a California Supreme Court decision about custody and visitation determinations involving a disabled parent.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Matters To Be Considered in Granting Custody [3040 - 3049] ( Chapter 2 repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. ) ## 3049. It is the intent of the Legislature in enacting this section to codify the decision of the California Supreme Court in In re Marriage of Carney (1979) 24 Cal.3d 725, with respect to custody and visitation determinations by the court involving a disabled parent. (Added by Stats. 2010, Ch. 179, Sec. 1. (SB 1188) Effective January 1, 2011.)
  84. 305.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Consent to and solemnization of marriage may be proved using the same general evidence rules that apply in other cases.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 305. Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  85. 306.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Except as provided in Section 307, a marriage must be licensed, solemnized, and authenticated, and the authenticated marriage license must be returned to the county recorder where the license was issued.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 306. Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage. (Amended by Stats. 2006, Ch. 816, Sec. 4. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  86. 306.5.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says spouses do not have to share the same name, and a marriage does not change a person’s name unless they choose to change it on the marriage license application.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 306.5. (a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon marriage unless that person elects to change their name pursuant to subdivision (b). (b) (1) One party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud. (2) A person may adopt any of the following last names pursuant to paragraph (1): (A) The current last name of the other spouse. (B) The last name of either spouse given at birth. (C) A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth. (D) A combination of last names. (3) A person may adopt any of the following middle names pursuant to paragraph (1): (A) The current last name of either spouse. (B) The last name of either spouse given at birth. (C) A combination of the current middle name and the current last name of the person or spouse. (D) A combination of the current middle name and the last name given at birth of the person or spouse. (4) (A) An election by a person to change their name pursuant to paragraph (1) shall serve as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful. (B) A certified copy of a marriage certificate shall be accepted as identification establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. (C) This section does not prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. Those documents may include, without limitation, a certified copy of a marriage certificate recording a marriage outside of this state. (D) This section shall be applied in a manner consistent with the requirements of Sections 1653.5 and 12801 of the Vehicle Code. (5) The adoption of a new name, or the choice not to adopt a new name, by means of a marriage license application pursuant to paragraph (1) shall only be made at the time the marriage license is issued. After a marriage certificate is registered by the local registrar, the certificate shall not be amended to add a new name or change the name adopted pursuant to paragraph (1). An amendment may be issued to correct a clerical error in the new name fields on the marriage license. In this instance, the amendment shall be signed by one of the parties to the marriage and the county clerk or a deputy clerk, and the reason for the amendment shall be stated as correcting a clerical error. A clerical error as used in this part is an error made by the county clerk, a deputy clerk, or a notary authorized to issue confidential marriage licenses, whereby the information shown in the new name field does not match the information shown on the marriage license application. This requirement does not abrogate the right of either party to adopt a different name through usage at a future date, or to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure. (c) This section does not abrogate the common law right of a person to change their name, or the right of a person to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure. (Amended by Stats. 2019, Ch. 115, Sec. 7. (AB 1817) Effective January 1, 2020.)
  87. 3060.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A petition for a temporary custody order may be filed with the initial filing or later.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3060. A petition for a temporary custody order, containing the statement required by Section 3429, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing. (Amended by Stats. 2019, Ch. 497, Sec. 110. (AB 991) Effective January 1, 2020.)
  88. 3061.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the parties have an agreement or understanding about custody or temporary custody, they must attach a copy or affidavit to the petition or action. The court must then enter a temporary custody order as soon as possible after filing, unless exceptional circumstances apply.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3061. If the parties have agreed to or reached an understanding on the custody or temporary custody of their children, a copy of the agreement or an affidavit as to their understanding shall be attached to the petition or action. As promptly as possible after this filing, the court shall, except in exceptional circumstances, enter an order granting temporary custody in accordance with the agreement or understanding or in accordance with any stipulation of the parties. (Amended by Stats. 1993, Ch. 219, Sec. 116.61. Effective January 1, 1994.)
  89. 3062.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may issue an ex parte temporary custody order, set a hearing within 20 days, and order the responding party to show cause.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3062. (a) In the absence of an agreement, understanding, or stipulation, the court may, if jurisdiction is appropriate, enter an ex parte temporary custody order, set a hearing date within 20 days, and issue an order to show cause on the responding party. If the responding party does not appear or respond within the time set, the temporary custody order may be extended as necessary, pending the termination of the proceedings. (b) If, despite good faith efforts, service of the ex parte order and order to show cause has not been effected in a timely fashion and there is reason to believe, based on an affidavit, or other manner of proof made under penalty of perjury, by the petitioner, that the responding party has possession of the minor child and seeks to avoid the jurisdiction of the court or is concealing the whereabouts of the child, then the hearing date may be reset and the ex parte order extended up to an additional 90 days. After service has been effected, either party may request ex parte that the hearing date be advanced or the ex parte order be dissolved or modified. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  90. 3063.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When an ex parte custody order is sought or modified, the court must issue an order preventing the custodian from taking the child out of the state until notice and a hearing occur.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3063. In conjunction with any ex parte order seeking or modifying an order of custody, the court shall enter an order restraining the person receiving custody from removing the child from the state pending notice and a hearing on the order seeking or modifying custody. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  91. 3064.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court generally must not make or change a custody order ex parte unless there is a showing of immediate harm to the child or immediate risk the child will be removed from California.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Temporary Custody Order During Pendency of Proceeding [3060 - 3064] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3064. (a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. (b) (1) “Immediate harm to the child” includes, but is not limited to, either of the following: (A) Having a parent who has committed acts of domestic violence, if the court determines that the acts of domestic violence are of recent origin or are part of a demonstrated and continuing pattern of acts of domestic violence. (B) Sexual abuse of the child, if the court determines that the acts of sexual abuse are of recent origin or are part of a demonstrated and continuing pattern of acts of sexual abuse. (2) (A) In determining whether there is a showing of immediate harm to the child, the court shall consider a parent’s illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition. (B) “Illegal access to firearms and ammunition” includes the possession, purchase, or receipt of a firearm or ammunition in violation of state or federal law, a restraining order, a protective order, or an injunction, or a condition of probation or parole. (Amended by Stats. 2024, Ch. 317, Sec. 1. (AB 3072) Effective January 1, 2025.)
  92. 307.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section exempts certain religious societies or denominations without clergy from this marriage-solemnizing rule if specific filing and return requirements are met.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 307. This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are met: (a) The parties to the marriage sign and endorse on the form prescribed by the State Department of Public Health, showing all of the following: (1) The fact, time, and place of entering into the marriage. (2) The printed names, signatures, and mailing addresses of two witnesses to the ceremony. (3) The religious society or denomination of the parties to the marriage, and that the marriage was entered into in accordance with the rules and customs of that religious society or denomination. The statement of the parties to the marriage that the marriage was entered into in accordance with the rules and customs of the religious society or denomination is conclusively presumed to be true. (b) The License and Certificate of Non-Clergy Marriage, endorsed pursuant to subdivision (a), is returned to the county recorder of the county in which the license was issued within 10 days after the ceremony. (Amended (as amended by Stats. 2006, Ch. 816) by Stats. 2007, Ch. 483, Sec. 9. Effective January 1, 2008.)
  93. 308.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A marriage contracted outside California is valid in California if it would be valid under the laws of the place where it was performed.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 308. A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California. (Amended by Stats. 2016, Ch. 474, Sec. 4. (AB 2882) Effective January 1, 2017.)
  94. 3080.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    There is a presumption that joint custody is in a minor child’s best interest when the parents agree to joint custody, including when they agree in open court, subject to Section 3011.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3080. There is a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, subject to Section 3011, where the parents have agreed to joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child. (Amended by Stats. 1993, Ch. 219, Sec. 116.70. Effective January 1, 1994.)
  95. 3081.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order joint custody on either parent’s application in qualifying cases, and may also direct an investigation to help decide whether joint custody is appropriate.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3081. On application of either parent, joint custody may be ordered in the discretion of the court in cases other than those described in Section 3080, subject to Section 3011. For the purpose of assisting the court in making a determination whether joint custody is appropriate under this section, the court may direct that an investigation be conducted pursuant to Chapter 6 (commencing with Section 3110). (Amended by Stats. 1993, Ch. 219, Sec. 116.71. Effective January 1, 1994.)
  96. 3082.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a party asks, the court must explain in its decision why it granted or denied a joint custody request.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3082. When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons for granting or denying the request. A statement that joint physical custody is, or is not, in the best interest of the child is not sufficient to satisfy the requirements of this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  97. 3083.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When making a joint legal custody order, the court must specify when both parents’ consent is required and what happens if mutual consent is not obtained. Outside those circumstances, either parent may act alone to exercise legal control of the child.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3083. In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent. In all other circumstances, either parent acting alone may exercise legal control of the child. An order of joint legal custody shall not be construed to permit an action that is inconsistent with the physical custody order unless the action is expressly authorized by the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  98. 3084.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When making a joint physical custody order, the court must state each parent’s physical-control rights in enough detail to support relief for child snatching and kidnapping.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3084. In making an order of joint physical custody, the court shall specify the rights of each parent to physical control of the child in sufficient detail to enable a parent deprived of that control to implement laws for relief of child snatching and kidnapping. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  99. 3085.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When deciding custody orders for both parents, the court may grant joint legal custody even if it does not grant joint physical custody.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3085. In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody. (Amended by Stats. 1993, Ch. 219, Sec. 116.72. Effective January 1, 1994.)
  100. 3086.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When ordering joint physical or joint legal custody, the court may name one parent as the child’s primary caretaker and one home as the child’s primary home for public assistance eligibility purposes.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3086. In making an order of joint physical custody or joint legal custody, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purposes of determining eligibility for public assistance. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  101. 3087.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A joint custody order may be modified or terminated if the child’s best interest requires it, on a parent’s petition or the court’s own motion.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3087. An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires modification or termination of the order. If either parent opposes the modification or termination order, the court shall state in its decision the reasons for modification or termination of the joint custody order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  102. 3088.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A custody order for a minor child may be modified at any time into a joint custody order if the jurisdictional requirements in Sections 3403 and 3414 are met.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3088. An order for the custody of a minor child entered by a court in this state or any other state may, subject to the jurisdictional requirements in Sections 3403 and 3414, be modified at any time to an order for joint custody in accordance with this chapter. (Amended by Stats. 1993, Ch. 219, Sec. 116.73. Effective January 1, 1994.)
  103. 3089.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In counties with a conciliation court, the court or the parties may consult that court, under local rules, to help work out how to carry out a custody order or resolve a custody-implementation dispute.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Joint Custody [3080 - 3089] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3089. In counties having a conciliation court, the court or the parties may, at any time, pursuant to local rules of court, consult with the conciliation court for the purpose of assisting the parties to formulate a plan for implementation of the custody order or to resolve a controversy which has arisen in the implementation of a plan for custody. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  104. 309.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If one spouse denies the marriage or refuses to sign a declaration, the other spouse may bring an action to have the marriage’s validity determined and declared.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 309. If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action pursuant to Section 103450 of the Health and Safety Code, to have the validity of the marriage determined and declared. (Amended by Stats. 2006, Ch. 816, Sec. 6. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  105. 310.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Marriage ends only by the death of a spouse, a judgment dissolving the marriage, or a judgment declaring the marriage null.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. VALIDITY OF MARRIAGE [300 - 310] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 310. Marriage is dissolved only by one of the following: (a) The death of one of the parties. (b) A judgment of dissolution of marriage. (c) A judgment of nullity of marriage. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  106. 3100.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must give reasonable visitation to a parent when that serves the child’s best interest and fits the cited custody rules, and may also order or limit visitation in higher-risk situations.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3100. (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown that the visitation would be in the best interest of the child, as defined in Section 3011, and consistent with Section 3020. In the discretion of the court, reasonable visitation rights may be granted to any other person having an interest in the welfare of the child. (b) (1) (A) If a protective order, as defined in Section 6218 of this code or Section 136.2 of the Penal Code, has been issued restraining a parent, the court shall consider whether the best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, specified by the court, is present, including virtual visitation. (B) A parent may submit to the court the name of a person who the parent deems suitable to be present during visitation. (C) The court may order supervised visitation with the person whose name was submitted, but the submission of a name does not require the court to order supervised visitation if it is not in the best interest of the child, nor does a parent’s submission of a name constitute agreement or stipulation to supervised visitation. (2) In determining the type of visitation with the restrained party, if any, is in the best interest of the child pursuant to paragraph (1), the court shall consider the nature of the acts that led to the protective order, the period of time that has elapsed since that order, and whether the restrained party has committed further acts of abuse. (c) (1) (A) If the court has found that circumstances warrant making an order granting or modifying a custody order on an ex parte basis under Section 3064, the court shall consider whether the best interest of the child requires that visitation by the party whose conduct presents a risk of immediate harm to the child or immediate risk that the child will be removed from the State of California should be suspended, denied, or limited to situations in which a third person, specified by the court, is present, including virtual visitation. (B) A parent may submit to the court the name of a person who the parent deems suitable to be present during visitation, which may be accepted or rejected by the court as set forth in subparagraph (C) of paragraph (1) of subdivision (b). (2) In determining the type of visitation with the party whose conduct presents a risk of immediate harm to the child or immediate risk that the child will be removed from the State of California, if any, is in the best interest of the child pursuant to paragraph (1), the court shall consider the nature of the acts that led to the finding of the risk of immediate harm or immediate risk of removal. (d) If visitation is ordered in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the visitation order shall specify the time, day, place, and manner of the visitation, including virtual visitation, or any transfer of the child, so as to limit the child’s exposure to potential domestic conflict or abuse, to ensure the safety of all family members, and to minimize any opportunity for the use of abuse, including coercive control. If a criminal protective order has been issued pursuant to Section 136.2 of the Penal Code, the visitation order shall make reference to, and, unless there is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code or a no-contact order, as described in Section 6320, acknowledge the precedence of enforcement of, an appropriate criminal protective order. (e) (1) If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order shall be designed to prevent disclosure of the location of the shelter or other confidential location and to protect all adults and children living in that location. (2) If a court finds that a parent is residing in a confidential shelter due to domestic violence or fear of domestic violence from the other parent, the court shall order in-person visitation with the other parent only if the court finds that in-person visitation is in the best interest of the child, taking into account all of the following: (A) The other parent’s access to firearms and ammunition, including, but not limited to, whether the other parent is prohibited from having firearms and ammunition. (B) If a parent is the subject of an emergency protective order, protective order, or other restraining order, whether that parent has violated that order, and the nature of any violation. (C) Information obtained pursuant to Section 6306, the requirements of this section, and the information obtained pursuant to Section 3011. (D) The potential for disclosure of the confidential location. (3) A court shall make its findings pursuant to paragraphs (1) and (2) in writing or on the record. (f) For purposes of this section, “virtual visitation” means use of audiovisual electronic communication tools to provide contact between a parent and their children as part of a parenting plan or custody order. Virtual visitation may be supervised or unsupervised, based on the court’s determination of what is in the best interest of the child. (Amended by Stats. 2024, Ch. 317, Sec. 2. (AB 3072) Effective January 1, 2025.)
  107. 3101.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may grant reasonable visitation to a stepparent if it is in the minor child’s best interest.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3101. (a) Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be in the best interest of the minor child. (b) If a protective order, as defined in Section 6218, has been directed to a stepparent to whom visitation may be granted pursuant to this section, the court shall consider whether the best interest of the child requires that any visitation by the stepparent be denied. (c) Visitation rights may not be ordered under this section that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding. (d) As used in this section: (1) “Birth parent” means “birth parent” as defined in Section 8512. (2) “Stepparent” means a person who is a party to the marriage that is the subject of the proceeding, with respect to a minor child of the other party to the marriage. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.76. Effective January 1, 1994.)
  108. 3102.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Certain relatives of a deceased parent may be granted reasonable visitation with an unemancipated minor child if visitation is in the child’s best interest.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3102. (a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child. (b) In granting visitation pursuant to this section to a person other than a grandparent of the child, the court shall consider the amount of personal contact between the person and the child before the application for the visitation order. (c) This section does not apply if the child has been adopted by a person other than a stepparent or grandparent of the child. Any visitation rights granted pursuant to this section before the adoption of the child automatically terminate if the child is adopted by a person other than a stepparent or grandparent of the child. (Amended by Stats. 1994, Ch. 164, Sec. 1. Effective January 1, 1995.)
  109. 3103.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may grant reasonable grandparent visitation in certain proceedings if it is in the child’s best interest, and the petitioner must notify specified people by certified mail.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3103. (a) Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a minor child of a party to the proceeding if the court determines that visitation by the grandparent is in the best interest of the child. (b) If a protective order as defined in Section 6218 has been directed to the grandparent during the pendency of the proceeding, the court shall consider whether the best interest of the child requires that visitation by the grandparent be denied. (c) The petitioner shall give notice of the petition to each of the parents of the child, any stepparent, and any person who has physical custody of the child, by certified mail, return receipt requested, postage prepaid, to the person’s last known address, or to the attorneys of record of the parties to the proceeding. (d) There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the child’s parents agree that the grandparent should not be granted visitation rights. (e) Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding. (f) Visitation ordered pursuant to this section shall not create a basis for or against a change of residence of the child, but shall be one of the factors for the court to consider in ordering a change of residence. (g) When a court orders grandparental visitation pursuant to this section, the court in its discretion may, based upon the relevant circumstances of the case: (1) Allocate the percentage of grandparental visitation between the parents for purposes of the calculation of child support pursuant to the statewide uniform guideline (Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9). (2) Notwithstanding Sections 3930 and 3951, order a parent or grandparent to pay to the other, an amount for the support of the child or grandchild. For purposes of this paragraph, “support” means costs related to visitation such as any of the following: (A) Transportation. (B) Provision of basic expenses for the child or grandchild, such as medical expenses, day care costs, and other necessities. (h) As used in this section, “birth parent” means “birth parent” as defined in Section 8512. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 832, Sec. 1. Effective January 1, 1994.)
  110. 3104.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A grandparent of a minor child may ask the court for reasonable visitation, but only under specified conditions, and the court must deny or terminate visitation in certain situations.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3104. (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following: (1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child. (2) Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority. (b) A petition for visitation under this section shall not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist: (1) The parents are currently living separately and apart on a permanent or indefinite basis. (2) One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse. (3) One of the parents joins in the petition with the grandparents. (4) The child is not residing with either parent. (5) The child has been adopted by a stepparent. (6) One of the parents is incarcerated or involuntarily institutionalized. At any time that a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation and the court shall grant the termination. (c) The petitioner shall give notice of the petition to each of the parents of the child, any stepparent, and any person who has physical custody of the child, by personal service pursuant to Section 415.10 of the Code of Civil Procedure. (d) If a protective order as defined in Section 6218 has been directed to the grandparent during the pendency of the proceeding, the court shall consider whether the best interest of the child requires that any visitation by that grandparent should be denied. (e) There is a rebuttable presumption that the visitation of a grandparent is not in the best interest of a minor child if the natural or adoptive parents agree that the grandparent should not be granted visitation rights. (f) There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the parent who has been awarded sole legal and physical custody of the child in another proceeding, or the parent with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent. (g) Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding. (h) Visitation ordered pursuant to this section shall not create a basis for or against a change of residence of the child, but shall be one of the factors for the court to consider in ordering a change of residence. (i) When a court orders grandparental visitation pursuant to this section, the court in its discretion may, based upon the relevant circumstances of the case: (1) Allocate the percentage of grandparental visitation between the parents for purposes of the calculation of child support pursuant to the statewide uniform guideline (Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9). (2) Notwithstanding Sections 3930 and 3951, order a parent or grandparent to pay to the other, an amount for the support of the child or grandchild. For purposes of this paragraph, “support” means costs related to visitation such as any of the following: (A) Transportation. (B) Provision of basic expenses for the child or grandchild, such as medical expenses, day care costs, and other necessities. (j) As used in this section, “birth parent” means “birth parent” as defined in Section 8512. (Amended by Stats. 2014, Ch. 328, Sec. 1. (AB 1628) Effective January 1, 2015.)
  111. 3105.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may grant reasonable visitation rights to a former legal guardian if that is in the child’s best interest. A former legal guardian may also bring an independent visitation action when there is no existing visitation order and no dependency proceeding is pending.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Visitation Rights [3100 - 3105] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3105. (a) The Legislature finds and declares that a parent’s fundamental right to provide for the care, custody, companionship, and management of the parent’s children, while compelling, is not absolute. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role. (b) The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child, if visitation is determined to be in the best interest of the minor child. (c) In the absence of a court order granting or denying visitation between a former legal guardian and a former minor ward, and if a dependency proceeding is not pending, a former legal guardian may maintain an independent action for visitation with the former minor ward. If the child does not have at least one living parent, visitation shall not be determined in a proceeding under the Family Code, but shall instead be determined in a guardianship proceeding that may be initiated for that purpose. (Amended by Stats. 2019, Ch. 115, Sec. 32. (AB 1817) Effective January 1, 2020.)
  112. 3110.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    This chapter defines “court-appointed investigator” as a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3110. As used in this chapter, “court-appointed investigator” means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
  113. 3110.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    This section sets qualification and training rules for child custody evaluators and gives the Judicial Council power to create the statewide court rule and forms.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3110.5. (a) A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court. (b) (1) On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure. (A) The rule shall require a child custody evaluator to declare under penalty of perjury that the evaluator meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent and child relationships. (B) The rule shall require all evaluators to utilize comparable interview, assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation. (C) The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county. (2) On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following: (A) Children’s patterns of hiding and disclosing sexual abuse occurring in a family setting. (B) The effects of sexual abuse on children. (C) The nature and extent of child sexual abuse. (D) The social and family dynamics of child sexual abuse. (E) Techniques for identifying and assisting families affected by child sexual abuse. (F) Legal rights, protections, and remedies available to victims of child sexual abuse. (c) In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria: (1) The person is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry. (2) The person is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (3) The person is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. (4) The person is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code. (5) The person is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (6) The person is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b). (d) Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court. (e) A child custody evaluator who is licensed by the Medical Board of California, the Board of Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee. (f) On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section. (Amended by Stats. 2021, Ch. 440, Sec. 6. (AB 462) Effective January 1, 2022.)
  114. 3111.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    In a contested child custody or visitation case, the court may appoint a child custody evaluator, and the evaluator must file a confidential report when directed.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3111. (a) In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation in cases where the court determines it is in the best interest of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on the evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117; however, this does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both. (b) The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code. (c) The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report. (d) If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed. (e) The Judicial Council shall, by January 1, 2010, do the following: (1) Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report. (2) Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report. (f) For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interest of the child. (Amended by Stats. 2019, Ch. 115, Sec. 34. (AB 1817) Effective January 1, 2020.)
  115. 3112.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    When a court-appointed investigator is ordered to do a custody investigation, evaluation, or visitation work, the court must look at the financial condition of the parent or other support person and may order repayment of investigation costs if the person can pay.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3112. (a) Where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation pursuant to this chapter or to undertake visitation work, including necessary evaluation, supervision, and reporting, the court shall inquire into the financial condition of the parent, guardian, or other person charged with the support of the minor. If the court finds the parent, guardian, or other person able to pay all or part of the expense of the investigation, report, and recommendation, the court may make an order requiring the parent, guardian, or other person to repay the court the amount the court determines proper. (b) The repayment shall be made to the court. The court shall keep suitable accounts of the expenses and repayments and shall deposit the collections as directed by the Judicial Council. (Amended by Stats. 2000, Ch. 926, Sec. 5. Effective January 1, 2001.)
  116. 3113.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    If there is a history of domestic violence or an active protective order, the parties must meet the court-appointed investigator separately and at different times when requested by the protected or alleging party.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3113. Where there has been a history of domestic violence between the parties, or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or at the request of a party who is protected by the order, the parties shall meet with the court-appointed investigator separately and at separate times. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
  117. 3114.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    A court-appointed investigator may recommend that the court appoint counsel for the minor child, and if making that recommendation must explain why counsel would be in the child’s best interest.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3114. Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing with Section 3150) to represent the minor child. In making that recommendation, the court-appointed investigator shall inform the court of the reasons why it would be in the best interest of the child to have counsel appointed. (Added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
  118. 3115.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    A party’s statement or conduct does not count as a waiver of the right to cross-examine the court-appointed investigator unless it happens after the report has been received by the party or the party’s attorney.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3115. A statement, whether written or oral, or conduct shall not be held to constitute a waiver by a party of the right to cross-examine the court-appointed investigator, unless the statement is made, or the conduct occurs, after the report has been received by a party or the party’s attorney. (Amended by Stats. 2019, Ch. 115, Sec. 35. (AB 1817) Effective January 1, 2020.)
  119. 3116.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    A court-appointed investigator still has a duty to assist the appointing court with court business; this chapter does not limit that duty.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3116. Nothing in this chapter limits the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court. (Added by Stats. 1993, Ch. 219, Sec. 116.81. Effective January 1, 1994.)
  120. 3117.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    The Judicial Council must adopt child-custody evaluation standards and cross-examination procedures by January 1, 1999.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3117. The Judicial Council shall, by January 1, 1999, do both of the following: (a) Adopt standards for full and partial court-connected evaluations, investigations, and assessments related to child custody. (b) Adopt procedural guidelines for the expeditious and cost-effective cross-examination of court-appointed investigators, including, but not limited to, the use of electronic technology whereby the court-appointed investigator may not need to be present in the courtroom. These guidelines shall in no way limit the requirement that the court-appointed investigator be available for the purposes of cross-examination. These guidelines shall also provide for written notification to the parties of the right to cross-examine these investigators after the parties have had a reasonable time to review the investigator’s report. (Added by Stats. 1996, Ch. 761, Sec. 3. Effective January 1, 1997.)
  121. 3118.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. )

    Verify source ↗

    In certain child custody or visitation cases with a serious child sexual abuse allegation, the court must require a qualified evaluation or investigation, and the evaluator or investigator must complete specified fact-gathering and file a confidential report.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Custody Investigation and Report [3110 - 3118] ( Chapter 6 repealed and added by Stats. 1993, Ch. 219, Sec. 116.81. ) ## 3118. (a) In any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case for a full or partial court-connected evaluation, investigation, or assessment, and the court determines that there is a serious allegation of child sexual abuse, the court shall require an evaluation, investigation, or assessment pursuant to this section. When the court has determined that there is a serious allegation of child sexual abuse, any child custody evaluation, investigation, or assessment conducted subsequent to that determination shall be considered by the court only if the evaluation, investigation, or assessment is conducted in accordance with the minimum requirements set forth in this section in determining custody or visitation rights, except as specified in paragraph (1). For purposes of this section, a serious allegation of child sexual abuse means an allegation of child sexual abuse, as defined in Section 11165.1 of the Penal Code, that is based in whole or in part on statements made by the child to law enforcement, a child welfare services agency investigator, any person required by statute to report suspected child abuse, or any other court-appointed personnel, or that is supported by substantial independent corroboration as provided for in subparagraph (B) of paragraph (2) of subdivision (a) of Section 3011. When an allegation of child abuse arises in any other circumstances in any proceeding involving child custody or visitation rights, the court may require an evaluator or investigator to conduct an evaluation, investigation, or assessment pursuant to this section. The order appointing a child custody evaluator or investigator pursuant to this section shall provide that the evaluator or investigator have access to all juvenile court records pertaining to the child who is the subject of the evaluation, investigation, or assessment. The order shall also provide that any juvenile court records or information gained from those records remain confidential and shall only be released as specified in Section 3111. (1) This section does not apply to any emergency court-ordered partial investigation that is conducted for the purpose of assisting the court in determining what immediate temporary orders may be necessary to protect and meet the immediate needs of a child. This section does apply when the emergency is resolved and the court is considering permanent child custody or visitation orders. (2) This section does not prohibit a court from considering evidence relevant to determining the safety and protection needs of the child. (3) Any evaluation, investigation, or assessment conducted pursuant to this section shall be conducted by an evaluator or investigator who meets the qualifications set forth in Section 3110.5. (b) The evaluator or investigator shall, at a minimum, do all of the following: (1) Consult with the agency providing child welfare services and law enforcement regarding the allegations of child sexual abuse, and obtain recommendations from these professionals regarding the child’s safety and the child’s need for protection. (2) Review and summarize the child welfare services agency file. No document contained in the child welfare services agency file may be photocopied, but a summary of the information in the file, including statements made by the children and the parents, and the recommendations made or anticipated to be made by the child welfare services agency to the juvenile court, may be recorded by the evaluator or investigator, except for the identity of the reporting party. The evaluator’s or investigator’s notes summarizing the child welfare services agency information shall be stored in a file separate from the evaluator’s or investigator’s file and may only be released to either party under order of the court. (3) Obtain from a law enforcement investigator all available information obtained from criminal background checks of the parents and any suspected perpetrator that is not a parent, including information regarding child abuse, domestic violence, or substance abuse. (4) Review the results of a multidisciplinary child interview team (hereafter MDIT) interview if available, or if not, or if the evaluator or investigator believes the MDIT interview is inadequate for purposes of the evaluation, investigation, or assessment, interview the child or request an MDIT interview, and shall wherever possible avoid repeated interviews of the child. (5) Request a forensic medical examination of the child from the appropriate agency, or include in the report required by paragraph (6) a written statement explaining why the examination is not needed. (6) File a confidential written report with the clerk of the court in which the custody hearing will be conducted and which shall be served on the parties or their attorneys at least 10 days prior to the hearing. On and after January 1, 2021, this report shall be made on the form adopted pursuant to subdivision (i). This report may not be made available other than as provided in this subdivision. This report shall address the safety of the child and shall include, but not be limited to, the following: (A) Documentation of material interviews, including any MDIT interview of the child or the evaluator or investigator, written documentation of interviews with both parents by the evaluator or investigator, and interviews with other witnesses who provided relevant information. (B) A summary of any law enforcement investigator’s investigation, including information obtained from the criminal background check of the parents and any suspected perpetrator that is not a parent, including information regarding child abuse, domestic violence, or substance abuse. (C) Relevant background material, including, but not limited to, a summary of a written report from any therapist treating the child for suspected child sexual abuse, excluding any communication subject to Section 1014 of the Evidence Code, reports from other professionals, and the results of any forensic medical examination and any other medical examination or treatment that could help establish or disprove whether the child has been the victim of sexual abuse. (D) The written recommendations of the evaluator or investigator regarding the therapeutic needs of the child and how to ensure the safety of the child. (E) A summary of the following information: whether the child and the child’s parents are or have been the subject of a child abuse investigation and the disposition of that investigation; the name, location, and telephone number of the children’s services worker; the status of the investigation and the recommendations made or anticipated to be made regarding the child’s safety; and any dependency court orders or findings that might have a bearing on the custody dispute. (F) Any information regarding the presence of domestic violence or substance abuse in the family that has been obtained from a child protective agency in accordance with paragraphs (1) and (2), a law enforcement agency, medical personnel or records, prior or currently treating therapists, excluding any communication subject to Section 1014 of the Evidence Code, or from interviews conducted or reviewed for this evaluation, investigation, or assessment. (G) Which, if any, family members are known to have been deemed eligible for assistance from the Victims of Crime Program due to child abuse or domestic violence. (H) Any other information the evaluator or investigator believes would be helpful to the court in determining what is in the best interests of the child. (c) If the evaluator or investigator obtains information as part of a family court mediation, that information shall be maintained in the family court file, which is not subject to subpoena by either party. If, however, the members of the family are the subject of an ongoing child welfare services investigation, or the evaluator or investigator has made a child welfare services referral, the evaluator or investigator shall so inform the family law judicial officer in writing and this information shall become part of the family law file. This subdivision may not be construed to authorize or require a mediator to disclose any information not otherwise authorized or required by law to be disclosed. (d) In accordance with subdivision (d) of Section 11167 of the Penal Code, the evaluator or investigator may not disclose any information regarding the identity of any person making a report of suspected child abuse. This section is not intended to limit any disclosure of information by any agency that is otherwise required by law or court order. (e) The evaluation, investigation, or assessment standards set forth in this section represent minimum requirements of evaluation and the court shall order further evaluation beyond these minimum requirements when necessary to determine the safety needs of the child. (f) If the court orders an evaluation, investigation, or assessment pursuant to this section, the court shall consider whether the best interests of the child require that a temporary order be issued that limits visitation with the parent against whom the allegations have been made to situations in which a third person specified by the court is present or whether visitation will be suspended or denied in accordance with Section 3011. (g) An evaluation, investigation, or assessment pursuant to this section shall be suspended if a petition is filed to declare the child a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and all information gathered by the evaluator or investigator shall be made available to the juvenile court. (h) This section shall not be construed to authorize a court to issue any orders in a proceeding pursuant to this division regarding custody or visitation with respect to a minor child who is the subject of a dependency hearing in juvenile court or to otherwise supersede Section 302 of the Welfare and Institutions Code. (i) On or before January 1, 2021, the Judicial Council shall adopt a mandatory form that shall be used for all evaluations, investigations, or assessments conducted pursuant to this section. The form shall provide a standardized template for all information necessary to provide a full and complete analysis of the allegations raised in the proceeding. (Amended by Stats. 2021, Ch. 124, Sec. 27. (AB 938) Effective January 1, 2022.)
  122. 3120.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Action for Exclusive Custody [3120 - 3121] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A spouse may file an action for exclusive custody of the children of the marriage without first filing for dissolution or legal separation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Action for Exclusive Custody [3120 - 3121] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3120. Without filing a petition for dissolution of marriage or legal separation of the parties, a spouse may bring an action for the exclusive custody of the children of the marriage. The court may, during the pendency of the action, or at the final hearing thereof, or afterwards, make such order regarding the support, care, custody, education, and control of the children of the marriage as may be just and in accordance with the natural rights of the parents and the best interest of the children. The order may be modified or terminated at any time thereafter as the natural rights of the parties and the best interest of the children may require. (Amended by Stats. 2014, Ch. 82, Sec. 30. (SB 1306) Effective January 1, 2015.)
  123. 3121.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Action for Exclusive Custody [3120 - 3121] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In Section 3121, the court must help ensure parties have access to legal representation in certain custody proceedings and may order fee-and-cost payments, subject to stated conditions and deadlines.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Action for Exclusive Custody [3120 - 3121] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3121. (a) In any proceeding pursuant to Section 3120, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a government entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding. (b) When a request for attorney’s fees and costs is made, the court shall make findings on whether an award of attorney’s fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward. (c) Attorney’s fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding. (d) The court shall augment or modify the original award for attorney’s fees and costs as may be reasonably necessary for the prosecution or defense of a proceeding described in Section 3120, or any proceeding related thereto, including after any appeal has been concluded. (e) Except as provided in subdivision (f), an application for a temporary order making, augmenting, or modifying an award of attorney’s fees, including a reasonable retainer to hire an attorney, or costs, or both, shall be made by motion on notice or by an order to show cause during the pendency of any proceeding described in Section 3120. (f) The court shall rule on an application for fees under this section within 15 days of the hearing on the motion or order to show cause. An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times: (1) At the time of the hearing of the cause on the merits. (2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment. (g) The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court to implement this section and develop a form for the information that shall be submitted to the court to obtain an award of attorney’s fees under this section. (Amended by Stats. 2010, Ch. 352, Sec. 13. (AB 939) Effective January 1, 2011.)
  124. 3130.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If custody proceedings are underway and a party with the child cannot be located or may not appear, the district attorney must take steps to find the party and child and secure compliance with the order to appear. The district attorney may also file the custody petition.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3130. If a petition to determine custody of a child has been filed in a court of competent jurisdiction, or if a temporary order pending determination of custody has been entered in accordance with Chapter 3 (commencing with Section 3060), and the whereabouts of a party in possession of the child are not known, or there is reason to believe that the party may not appear in the proceedings although ordered to appear personally with the child pursuant to Section 3430, the district attorney shall take all actions necessary to locate the party and the child and to procure compliance with the order to appear with the child for purposes of adjudication of custody. The petition to determine custody may be filed by the district attorney. (Amended by Stats. 2008, Ch. 699, Sec. 2. Effective January 1, 2009.)
  125. 3131.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a court custody or visitation order is violated by detention of the child, the district attorney must take necessary steps to locate and return the child and the violator and help enforce the order.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3131. If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person in violation of the order, the district attorney shall take all actions necessary to locate and return the child and the person who violated the order and to assist in the enforcement of the custody or visitation order or other order of the court by use of an appropriate civil or criminal proceeding. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  126. 3132.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When performing functions under Sections 3130 and 3131, the district attorney must act on behalf of the court and must not represent any party to the custody proceedings.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3132. In performing the functions described in Sections 3130 and 3131, the district attorney shall act on behalf of the court and shall not represent any party to the custody proceedings. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  127. 3133.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may issue a temporary custody order to help recover a child detained or concealed in violation of a court order or custody right, and if temporary custody with the parent or district attorney’s recommended person is not in the child’s best interest, the court must appoint someone to take charge and return the child to the court’s jurisdiction.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3133. If the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover a child who is being detained or concealed in violation of a court order or a parent’s right to custody, the court may issue an order, placing temporary sole physical custody in the parent or person recommended by the district attorney to facilitate the return of the child to the jurisdiction of the court, pending further hearings. If the court determines that it is not in the best interest of the child to place temporary sole physical custody in the parent or person recommended by the district attorney, the court shall appoint a person to take charge of the child and return the child to the jurisdiction of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  128. 3134.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets a county advance certain district attorney expenses, then requires court allocation of reimbursement liability and state payment/audit procedures.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3134. (a) When the district attorney incurs expenses pursuant to this chapter, including expenses incurred in a sister state, payment of the expenses may be advanced by the county subject to reimbursement by the state, and shall be audited by the Controller and paid by the State Treasury according to law. (b) The court in which the custody proceeding is pending or which has continuing jurisdiction shall, if appropriate, allocate liability for the reimbursement of actual expenses incurred by the district attorney to either or both parties to the proceedings, and that allocation shall constitute a judgment for the state for the funds advanced pursuant to this section. The county shall take reasonable action to enforce that liability and shall transmit all recovered funds to the state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  129. 3134.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may issue a protective custody warrant for an unlawfully detained or concealed child on request by the district attorney.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3134.5. (a) Upon request of the district attorney, the court may issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed child. The request by the district attorney shall include a written declaration under penalty of perjury that a warrant for the child is necessary in order for the district attorney to perform the duties described in Sections 3130 and 3131. The protective custody warrant for the child shall contain an order that the arresting agency shall place the child in protective custody, or return the child as directed by the court. The protective custody warrant for the child may also contain an order to freeze the California assets of the party alleged to be in possession of the child. The protective custody warrant may be served in any county in the same manner as a warrant of arrest and may be served at any time of the day or night. For purposes of this subdivision, “assets” means funds held in a depository institution, as defined in subdivision (a) of Section 1420 of the Financial Code, in California. (b) Upon a declaration of the district attorney that the child has been recovered or that the warrant is otherwise no longer required, the court may dismiss the warrant without further court proceedings. (c) Upon noticed motion, any order to freeze assets pursuant to subdivision (a) may be terminated, modified, or vacated by the court upon a finding that the release of the assets will not jeopardize the safety or best interest of the child. (d) If an asset freeze order is entered pursuant to subdivision (a), and the court subsequently dismisses the warrant pursuant to subdivision (b), notice of the dismissal shall be immediately served on the depository institutions holding any assets pursuant to the freeze order. (Amended by Stats. 2012, Ch. 276, Sec. 3. (SB 1206) Effective January 1, 2013.)
  130. 3135.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section says Part 3 does not restrict a district attorney or arresting agency from acting under this chapter, Penal Code Section 279.6, or any other applicable law.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Location of Missing Party or Child [3130 - 3135] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3135. Part 3 (commencing with Section 3400) does not limit the authority of a district attorney or arresting agency to act pursuant to this chapter, Section 279.6 of the Penal Code, or any other applicable law. (Added by Stats. 1999, Ch. 867, Sec. 1. Effective January 1, 2000.)
  131. 3140.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Check to Determine Whether Child is Missing Person [3140- 3140.] ( Chapter 9 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain custody cases with absent parents, the court must require a certified birth certificate, have it checked by police or sheriff’s department against the missing-person system, and receive the results. The court may waive these requirements for good cause.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Check to Determine Whether Child is Missing Person [3140- 3140.] ( Chapter 9 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3140. (a) Subject to subdivisions (b) and (c), before granting or modifying a custody order in a case in which one or both parents of the child have not appeared either personally or by counsel, the court shall require the parent, petitioner, or other party appearing in the case to submit a certified copy of the child’s birth certificate to the court. The court or its designee shall forward the certified copy of the birth certificate to the local police or sheriff’s department which shall check with the National Crime Information Center Missing Person System to ascertain whether the child has been reported missing or is the victim of an abduction and shall report the results of the check to the court. (b) If the custody matter before the court also involves a petition for the dissolution of marriage or the adjudication of paternity rights or duties, this section applies only to a case in which there is no proof of personal service of the petition on the absent parent. (c) For good cause shown, the court may waive the requirements of this section. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  132. 3150.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may appoint private counsel for a child in a custody or visitation case if that is in the child’s best interest, and counsel must keep representing the child unless the court relieves counsel.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3150. (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules 5.240, 5.241, and 5.242 of the California Rules of Court. (b) Upon entering an appearance on behalf of a child pursuant to this chapter, counsel shall continue to represent that child unless relieved by the court upon the substitution of other counsel by the court or for cause. (Amended by Stats. 2010, Ch. 352, Sec. 14. (AB 939) Effective January 1, 2011.)
  133. 3151.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Child’s counsel must represent the child’s best interests and has specific duties, rights, and limits in custody or visitation proceedings.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3151. (a) The child’s counsel appointed under this chapter is charged with the representation of the child’s best interests. The role of the child’s counsel is to gather evidence that bears on the best interests of the child, and present that admissible evidence to the court in any manner appropriate for the counsel of a party. If the child so desires, the child’s counsel shall present the child’s wishes to the court. The counsel’s duties, unless under the circumstances it is inappropriate to exercise the duty, include interviewing the child, reviewing the court files and all accessible relevant records available to both parties, and making any further investigations as the counsel considers necessary to ascertain evidence relevant to the custody or visitation hearings. (b) Counsel shall serve notices and pleadings on all parties, consistent with requirements for parties. Counsel shall not be called as a witness in the proceeding. Counsel may introduce and examine counsel’s own witnesses, present arguments to the court concerning the child’s welfare, and participate further in the proceeding to the degree necessary to represent the child adequately. (c) The child’s counsel shall have the following rights: (1) Reasonable access to the child. (2) Standing to seek affirmative relief on behalf of the child. (3) Notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child. (4) The right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections, and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, appeals, and arbitrations. (5) Access to the child’s medical, dental, mental health, and other health care records, school and educational records, and the right to interview school personnel, caretakers, health care providers, mental health professionals, and others who have assessed the child or provided care to the child. The release of this information to counsel shall not constitute a waiver of the confidentiality of the reports, files, and any disclosed communications. Counsel may interview mediators; however, the provisions of Sections 3177 and 3182 shall apply. (6) The right to reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation, for purposes of the proceeding, which has not been ordered by the court. (7) The right to assert or waive any privilege on behalf of the child. (8) The right to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding, upon approval by the court. (Amended by Stats. 2010, Ch. 352, Sec. 15. (AB 939) Effective January 1, 2011.)
  134. 3152.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Child’s counsel may ask the court to release relevant child welfare reports or files, but the court must review them privately and counsel generally may not disclose them.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3152. (a) The child’s counsel may, upon noticed motion to all parties and the local child protective services agency, request the court to authorize release of relevant reports or files, concerning the child represented by the counsel, of the relevant local child protective services agency. (b) The court shall review the reports or files in camera in order to determine whether they are relevant to the pending action and whether and to what extent they should be released to the child’s counsel. (c) Neither the review by the court nor the release to counsel shall constitute a waiver of the confidentiality of the reports and files. Counsel shall not disclose the contents or existence of the reports or files to anyone unless otherwise permitted by law. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  135. 3153.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the court appoints counsel for a child under this chapter, the court sets a reasonable compensation amount, the parties usually pay it in just proportions, and the county pays any portion the parties cannot afford. The Judicial Council must adopt guidelines for deciding financial eligibility.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Appointment of Counsel to Represent Child [3150 - 3153] ( Chapter 10 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3153. (a) If the court appoints counsel under this chapter to represent the child, counsel shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. Except as provided in subdivision (b), this amount shall be paid by the parties in the proportions the court deems just. (b) Upon its own motion or that of a party, the court shall determine whether both parties together are financially unable to pay all or a portion of the cost of counsel appointed pursuant to this chapter, and the portion of the cost of that counsel which the court finds the parties are unable to pay shall be paid by the county. The Judicial Council shall adopt guidelines to assist in determining financial eligibility for county payment of counsel appointed by the court pursuant to this chapter. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  136. 3160.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    Each superior court must make a mediator available, and it does not have to create a family conciliation court to do so.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3160. Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
  137. 3161.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    This section states the purposes of a custody mediation proceeding.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3161. The purposes of a mediation proceeding are as follows: (a) To reduce acrimony that may exist between the parties. (b) To develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child, consistent with Sections 3011 and 3020. (c) To effect a settlement of the issue of visitation rights of all parties that is in the best interest of the child. (Amended by Stats. 1997, Ch. 849, Sec. 5. Effective January 1, 1998.)
  138. 3162.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    The Judicial Council must set mediation standards for custody and visitation cases involving children and provide mediator training on those standards.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3162. (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council. (b) The standards of practice shall include, but not be limited to, all of the following: (1) Provision for the best interest of the child and the safeguarding of the rights of the child to frequent and continuing contact with both parents, consistent with Sections 3011 and 3020. (2) Facilitation of the transition of the family by detailing factors to be considered in decisions concerning the child’s future. (3) The conducting of negotiations in such a way as to equalize power relationships between the parties. (c) In adopting the standards of practice, the Judicial Council shall consider standards developed by recognized associations of mediators and attorneys and other relevant standards governing mediation of proceedings for the dissolution of marriage. (d) The Judicial Council shall offer training with respect to the standards to mediators. (Amended by Stats. 1997, Ch. 849, Sec. 6. Effective January 1, 1998.)
  139. 3163.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    Courts must develop local rules to handle requests to change mediators and other mediation-related problems.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3163. Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation. (Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
  140. 3164.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    A mediator in custody and visitation mediation may be a specified staff member or another person or agency designated by the court, and must meet minimum qualification requirements.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3164. (a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be any other person or agency designated by the court. (b) The mediator shall meet the minimum qualifications required of a counselor of conciliation as provided in Section 1815. (Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
  141. 3165.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    Certain people hired on or after January 1, 1998 who supervise or administer Family Court Services evaluation or mediation programs must meet the same continuing education requirements as specified in Section 1816.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 1. General Provisions [3160 - 3165] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3165. Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or mediators or who directly supervises or administers the Family Court Services evaluation or mediation programs shall meet the same continuing education requirements specified in Section 1816 for supervising and associate counselors of conciliation. (Added by Stats. 1996, Ch. 761, Sec. 4. Effective January 1, 1997.)
  142. 3170.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    If custody or visitation is contested in a petition or similar filing, the court must send the contested issues to mediation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3170. (a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested, the court shall set the contested issues for mediation. (b) Domestic violence cases shall be handled by Family Court Services in accordance with a separate written protocol approved by the Judicial Council. The Judicial Council shall adopt guidelines for services, other than services provided under this chapter, that courts or counties may offer to parents who have been unable to resolve their disputes. These services may include, but are not limited to, parent education programs, booklets, video recordings, or referrals to additional community resources. (c) This section shall become operative on January 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2017, Ch. 330, Sec. 2. (AB 1692) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  143. 3171.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    When a stepparent or grandparent seeks a visitation order, the court must send the matter to mediation.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3171. (a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court shall set the matter for mediation. (b) A natural or adoptive parent who is not a party to the proceeding is not required to participate in the mediation proceeding, but failure to participate is a waiver of that parent’s right to object to a settlement reached by the other parties during mediation or to require a hearing on the matter. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
  144. 3172.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    Mediation cannot be denied to the parties just because paternity is disputed in a court proceeding.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3172. Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
  145. 3173.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. )

    Verify source ↗

    A petition for mediation about an existing custody or visitation order may be filed only if the presiding judge of a superior court authorizes the procedure, and the mediation must be set within 60 days after the petition is filed.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 11. Mediation of Custody and Visitation Issues [3160 - 3188] ( Chapter 11 repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## ARTICLE 2. Availability of Mediation [3170 - 3173] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 116.87. ) ## 3173. (a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both. (b) The mediation of a dispute concerning an existing order shall be set not later than 60 days after the filing of the petition. (Amended by Stats. 2012, Ch. 470, Sec. 19. (AB 1529) Effective January 1, 2013.)
  146. 3190.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order parents, another party in a custody or visitation dispute, and the minor child to attend counseling for up to one year if the dispute endangers the child’s best interest and counseling is in the child’s best interest.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3190. (a) The court may require parents or any other party involved in a custody or visitation dispute, and the minor child, to participate in outpatient counseling with a licensed mental health professional, or through other community programs and services that provide appropriate counseling, including, but not limited to, mental health or substance abuse services, for not more than one year, provided that the program selected has counseling available for the designated period of time, if the court finds both of the following: (1) The dispute between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child, poses a substantial danger to the best interest of the child. (2) The counseling is in the best interest of the child. (b) In determining whether a dispute, as described in paragraph (1) of subdivision (a), poses a substantial danger to the best interest of the child, the court shall consider, in addition to any other factors the court determines relevant, any history of domestic violence, as defined in Section 6211, within the past five years between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child. (c) Subject to Section 3192, if the court finds that the financial burden created by the order for counseling does not otherwise jeopardize a party’s other financial obligations, the court shall fix the cost and shall order the entire cost of the services to be borne by the parties in the proportions the court deems reasonable. (d) The court, in its finding, shall set forth reasons why it has found both of the following: (1) The dispute poses a substantial danger to the best interest of the child and the counseling is in the best interest of the child. (2) The financial burden created by the court order for counseling does not otherwise jeopardize a party’s other financial obligations. (e) The court shall not order the parties to return to court upon the completion of counseling. Any party may file a new order to show cause or motion after counseling has been completed, and the court may again order counseling consistent with this chapter. (Amended by Stats. 1998, Ch. 229, Sec. 1. Effective January 1, 1999.)
  147. 3191.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Counseling under this chapter must be designed to help the parents talk about the child’s best interests, reduce custody or visitation conflict, and improve each parent’s parenting skills.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3191. The counseling pursuant to this chapter shall be specifically designed to facilitate communication between the parties regarding their minor child’s best interest, to reduce conflict regarding custody or visitation, and to improve the quality of parenting skills of each parent. (Amended by Stats. 1993, Ch. 219, Sec. 116.91. Effective January 1, 1994.)
  148. 3192.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When counseling is ordered under this chapter and there is a history of abuse plus an active protective order, the court may require separate counseling sessions, and each party generally pays for their own counseling unless good cause supports a different split.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3192. In a proceeding in which counseling is ordered pursuant to this chapter, where there has been a history of abuse by either parent against the child or by one parent against the other parent and a protective order, as defined in Section 6218, is in effect, the court may order the parties to participate in counseling separately and at separate times. Each party shall bear the cost of the party’s own counseling separately, unless good cause is shown for a different apportionment. The costs associated with a minor child participating in counseling shall be apportioned in accordance with Section 4062. (Amended by Stats. 2019, Ch. 115, Sec. 38. (AB 1817) Effective January 1, 2020.)
  149. 3193.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may not order family reunification treatments or programs that require listed harmful conditions.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 12. Counseling of Parents and Child [3190 - 3193] ( Chapter 12 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 3193. (a) Notwithstanding any other law, a court shall not order family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or result in any of the following: (1) A no-contact order. (2) An overnight, out-of-state, or multiday stay. (3) A transfer of physical or legal custody of the child. (4) The use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk. (5) The use of threats of physical force, undue coercion, verbal abuse, isolation from the child’s family, community, or other sources of support, or other acutely distressing circumstances. (b) This section does not affect the applicability of Section 16507 of the Welfare and Institutions Code. (Added by Stats. 2023, Ch. 865, Sec. 3. (SB 331) Effective January 1, 2024.)
  150. 3200.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    The Judicial Council must develop standards for supervised visitation providers and consult specified groups when doing so.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3200. The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the development of these standards, the term “provider” shall include any individual who functions as a visitation monitor, as well as supervised visitation centers, including those housed in superior court locations. Provisions shall be made within the standards to allow for the diversity of supervised visitation providers. (a) When developing standards, the Judicial Council shall consider all of the following issues: (1) The provider’s qualifications, experience, and education. (2) Safety and security procedures, including ratios of children per supervisor. (3) Any conflict of interest. (4) Maintenance and disclosure of records, including confidentiality policies. (5) Procedures for screening, delineation of terms and conditions, and termination of supervised visitation services. (6) Procedures for emergency or extenuating situations. (7) Orientation to and guidelines for cases in which there are allegations of domestic violence, child abuse, substance abuse, or special circumstances. (8) The legal obligations and responsibilities of supervisors. (b) The Judicial Council shall consult with visitation centers, mothers’ groups, fathers’ groups, judges, the State Bar of California, children’s advocacy groups, domestic violence prevention groups, Family Court Services, and other groups it regards as necessary in connection with these standards. (c) It is the intent of the Legislature that the safety of children, adults, and visitation supervisors be a precondition to providing visitation services. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided. (d) Superior court locations may serve as supervised visitation and exchange locations. Superior courts may designate employees and contractors to provide supervised visitation and exchange services or assistance with those services. (Amended by Stats. 2023, Ch. 493, Sec. 4. (SB 599) Effective January 1, 2024.)
  151. 3200.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    This section sets qualifications and duties for supervised visitation providers, especially professional providers, and requires the court and Judicial Council standards to follow these rules.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3200.5. (a) Any standards for supervised visitation providers adopted by the Judicial Council pursuant to Section 3200 shall conform to this section. A provider, as described in Section 3200, shall be a professional provider or nonprofessional provider. (b) In any case in which the court has determined that there is domestic violence or child abuse or neglect, as defined in Section 11165.6 of the Penal Code, and the court determines supervision is necessary, the court shall consider whether to use a professional or nonprofessional provider based upon the child’s best interest. (c) For the purposes of this section, the following definitions apply: (1) “Nonprofessional provider” means any person who is not paid for providing supervised visitation services. (2) “Professional provider” means any person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency. (d) Unless otherwise ordered by the court or stipulated by the parties, a nonprofessional provider shall: (1) Have no record of a conviction for child molestation, child abuse, or other crimes against a person. (2) Have proof of automobile insurance if transporting the child. (3) Have no current or past court order in which the provider is the person being supervised. (4) Agree to adhere to and enforce the court order regarding supervised visitation. (e) A professional provider shall: (1) Be at least 21 years of age. (2) Have no record of a conviction for driving under the influence (DUI) within the last five years. (3) Not have been on probation or parole for the last 10 years. (4) Have no record of a conviction for child molestation, child abuse, or other crimes against a person. (5) Have proof of automobile insurance if transporting the child. (6) Have no civil, criminal, or juvenile restraining orders within the last 10 years. (7) Have no current or past court order in which the provider is the person being supervised. (8) Be able to speak the language of the party being supervised and of the child, or the provider must provide a neutral interpreter over 18 years of age who is able to do so. (9) Agree to adhere to and enforce the court order regarding supervised visitation. (10) (A) Complete 24 hours of training prior to providing visitation services, including at least 12 hours of classroom instruction in the following subjects: (i) The role of a professional provider. (ii) Child abuse reporting laws. (iii) Recordkeeping procedures. (iv) Screening, monitoring, and termination of visitation. (v) Developmental needs of children. (vi) Legal responsibilities and obligations of a provider. (vii) Cultural sensitivity. (viii) Conflicts of interest, including the acceptance of gifts. (ix) Confidentiality. (x) Issues relating to substance abuse, child abuse, sexual abuse, and domestic violence. (xi) Basic knowledge of family and juvenile law. (B) Of the 24 hours of training required pursuant to subparagraph (A), at a minimum, three hours shall be on the screening, monitoring, and termination of visitation, three hours shall be on the developmental needs of children, three hours shall be on issues relating to substance abuse, child abuse, sexual abuse, and domestic violence, and one hour shall be on basic knowledge of family law. (C) Notwithstanding the requirement for classroom instruction in subparagraph (A), on and after January 1, 2021, a professional provider shall complete the training required pursuant to clause (ii) of subparagraph (A), relating to child abuse reporting laws, by completing an online training course required for mandated reporters that is provided by the State Department of Social Services. This online training requirement is not intended to increase the total number of training hours required by this paragraph. (11) Complete a Live Scan criminal background check, at the expense of the provider or the supervised visitation center or agency, prior to providing visitation services. (12) Sign the Judicial Council Declaration of Supervised Visitation Provider form that the person meets the training and qualifications of a provider. A professional provider shall sign a separate, updated form each time the professional provider submits a report to the court. (13) (A) Beginning January 1, 2021, be registered as a trustline provider pursuant to Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code. (B) Notwithstanding any other law, if a person is denied trustline registration by the State Department of Social Services pursuant to Section 1596.605 or 1596.607 of the Health and Safety Code, or if the State Department of Social Services revokes a person’s trustline registration pursuant to Section 1596.608 of the Health and Safety Code, that person shall be ineligible to be a professional provider. (f) The ratio of children to a professional provider shall be contingent on: (1) The degree of risk factors present in each case. (2) The nature of supervision required in each case. (3) The number and ages of the children to be supervised during a visit. (4) The number of people visiting the child during the visit. (5) The duration and location of the visit. (6) The experience of the provider. (g) Professional providers of supervised visitation shall: (1) Advise the parties before commencement of supervised visitation that no confidential privilege exists. (2) Report suspected child abuse to the appropriate agency, as provided by law, and inform the parties of the provider’s obligation to make those reports. (3) Suspend or terminate visitation under subdivision (h). (h) Professional providers shall: (1) Prepare a written contract to be signed by the parties before commencement of the supervised visitation. The contract should inform each party of the terms and conditions of supervised visitation. (2) Review custody and visitation orders relevant to the supervised visitation. (3) Keep a record for each case, including, at least, all of the following: (A) A written record of each contact and visit. (B) Who attended the visit. (C) Any failure to comply with the terms and conditions of the visitation. (D) Any incidence of abuse, as required by law. (i) (1) Each provider shall make every reasonable effort to provide a safe visit for the child and the noncustodial party. (2) If a provider determines that the rules of the visit have been violated, the child has become acutely distressed, or the safety of the child or the provider is at risk, the visit may be temporarily interrupted, rescheduled at a later date, or terminated. (3) All interruptions or terminations of visits shall be recorded in the case file. (4) All providers shall advise both parties of the reasons for the interruption or termination of a visit. (j) A professional provider shall state the reasons for temporary suspension or termination of supervised visitation in writing and shall provide the written statement to both parties, their attorneys, the attorney for the child, and the court. (Amended by Stats. 2019, Ch. 823, Sec. 1. (AB 1165) Effective January 1, 2020.)
  152. 3201.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    Court-supervised visitation must be administered according to Standard 5.20 of the California Standards of Judicial Administration.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3201. Any supervised visitation maintained or imposed by the court shall be administered in accordance with Standard 5.20 of the California Standards of Judicial Administration recommended by the Judicial Council. (Amended by Stats. 2021, Ch. 213, Sec. 2. (AB 1579) Effective January 1, 2022.)
  153. 3201.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    The family law division of the superior court in the county must administer the programs described in this chapter.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3201.5. (a) The programs described in this chapter shall be administered by the family law division of the superior court in the county. (b) For purposes of this chapter, “education about protecting children during family disruption” includes education on parenting skills and the impact of parental conflict on children, how to put a parenting agreement into effect, and the responsibility of both parents to comply with custody and visitation orders. (Added by renumbering Section 3201 (as added by Stats. 1999, Ch. 1004, Sec. 2) by Stats. 2015, Ch. 303, Sec. 145. (AB 731) Effective January 1, 2016.)
  154. 3202.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    Programs funded under this chapter must follow the applicable supervision standards, and the family law division of the superior court may contract with eligible providers.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3202. (a) All supervised visitation and exchange programs funded pursuant to this chapter shall comply with all requirements of the Uniform Standards of Practice for Providers of Supervised Visitation set forth in Standard 5.20 of the Standards of Judicial Administration as amended. The family law division of the superior court may contract with eligible providers of supervised visitation and exchange services, education, and group counseling to provide services under this chapter. (b) As used in this section, “eligible provider” means: (1) For providers of supervised visitation and exchange services, a local public agency or nonprofit entity that satisfies the Uniform Standards of Practice for Providers of Supervised Visitation. (2) For providers of group counseling, a professional licensed to practice psychotherapy in this state, including, but not limited to, a licensed psychiatrist, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor; or a mental health intern working under the direct supervision of a professional licensed to practice psychotherapy. (3) For providers of education, a professional with a bachelor’s or master’s degree in human behavior, child development, psychology, counseling, family-life education, or a related field, having specific training in issues relating to child and family development, substance abuse, child abuse, domestic violence, effective parenting, and the impact of divorce and interparental conflict on children; or an intern working under the supervision of that professional. (Amended by Stats. 2013, Ch. 61, Sec. 1. (SB 826) Effective January 1, 2014.)
  155. 3203.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    County superior court family law divisions may establish supervised visitation, exchange, education, and counseling programs if federal funding is available, and those programs must allow parties and children to participate.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3203. Subject to the availability of federal funding for the purposes of this chapter, the family law division of the superior court in each county may establish and administer a supervised visitation and exchange program, programs for education about protecting children during family disruption, and group counseling programs for parents and children under this chapter. The programs shall allow parties and children to participate in supervised visitation between a custodial party and a noncustodial party or joint custodians, and to participate in the education and group counseling programs, irrespective of whether the parties are or are not married to each other or are currently living separately and apart on a permanent or temporary basis. (Added by Stats. 1999, Ch. 1004, Sec. 4. Effective January 1, 2000.)
  156. 3204.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. )

    Verify source ↗

    The Judicial Council must apply annually for a federal grant, run the grant funds, and report on the funded child custody and visitation programs. County superior court family law divisions must approve sliding scale fees based on ability to pay.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. RIGHT TO CUSTODY OF MINOR CHILD [3020 - 3204] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 13. Supervised Visitation and Exchange Services, Education, and Counseling [3200 - 3204] ( Heading of Chapter 13 amended by Stats. 1999, Ch. 1004, Sec. 1. ) ## 3204. (a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the “1996 Federal Personal Responsibility and Work Opportunity Recovery Act” (PRWORA), for a grant to fund child custody and visitation programs pursuant to this chapter. The Judicial Council shall be charged with the administration of the grant funds. (b) (1) It is the intention of the Legislature that, effective October 1, 2000, the grant funds described in subdivision (a) shall be used to fund the following three types of programs: supervised visitation and exchange services, education about protecting children during family disruption, and group counseling for parents and children, as set forth in this chapter. Contracts shall follow a standard request for proposal procedure, that may include multiple year funding. Requests for proposals shall meet all state and federal requirements for receiving access and visitation grant funds. (2) The grant funds shall be awarded with the intent of approving as many requests for proposals as possible while assuring that each approved proposal would provide beneficial services and satisfy the overall goals of the program under this chapter. The Judicial Council shall determine the final number and amount of grants. Requests for proposals shall be evaluated based on the following criteria: (A) Availability of services to a broad population of parties. (B) The ability to expand existing services. (C) Coordination with other community services. (D) The hours of service delivery. (E) The number of counties or regions participating. (F) Overall cost-effectiveness. (G) The purpose of the program to promote and encourage healthy parent and child relationships between noncustodial parents and their children, while ensuring the health, safety, and welfare of the children. (3) Special consideration for grant funds shall be given to proposals that coordinate supervised visitation and exchange services, education, and group counseling with existing court-based programs and services. (c) The family law division of the superior court in each county shall approve sliding scale fees that are based on the ability to pay for all parties, including low-income families, participating in a supervised visitation and exchange, education, and group counseling programs under this chapter. (d) The Judicial Council shall, on March 1, 2002, and on the first day of March of each subsequent even-numbered year, report to the Legislature on the programs funded pursuant to this chapter and whether and to what extent those programs are achieving the goal of promoting and encouraging healthy parent and child relationships between noncustodial or joint custodial parents and their children while ensuring the health, safety, and welfare of children, and the other goals described in this chapter. (Amended by Stats. 2007, Ch. 738, Sec. 13. Effective January 1, 2008.)
  157. 3400.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section says this part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3400. This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  158. 3402.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section defines key terms used in this part of the Family Code, including “child,” “home state,” “court,” and several child-custody terms.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3402. As used in this part: (a) “Abandoned” means left without provision for reasonable and necessary care or supervision. (b) “Child” means an individual who has not attained 18 years of age. (c) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (d) “Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for dissolution of marriage, legal separation of the parties, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Chapter 3 (commencing with Section 3441). (e) “Commencement” means the filing of the first pleading in a proceeding. (f) “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. (g) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. (h) “Initial determination” means the first child custody determination concerning a particular child. (i) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part. (j) “Issuing state” means the state in which a child custody determination is made. (k) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (l) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (m) “Person acting as a parent” means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (2) has been awarded legal custody by a court or claims a right to legal custody under the law of this state. (n) “Physical custody” means the physical care and supervision of a child. (o) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (p) “Tribe” means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. (q) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  159. 3403.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section says the part does not govern adoption proceedings or proceedings to authorize emergency medical care for a child.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3403. This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  160. 3404.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section excludes certain Indian child custody proceedings from this part when the Indian Child Welfare Act governs them, requires California courts to treat tribes like states for applying this chapter and Chapter 2, and requires recognition and enforcement of certain tribal custody determinations under Chapter 3.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3404. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421). (c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441). (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  161. 3405.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    Courts must treat a foreign country like a U.S. state for this chapter, and generally must recognize and enforce qualifying foreign child-custody determinations. They need not apply the part if the foreign custody law violates fundamental human rights principles.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3405. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421). (b) Except as otherwise provided in subdivision (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441). (c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  162. 3406.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A child custody determination by a California court with jurisdiction under this part binds served, notified, or consenting persons who had an opportunity to be heard.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3406. A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 3408 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  163. 3407.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    If a jurisdiction question comes up in a child custody proceeding under this part, and a party asks for it, the court must give it priority and handle it quickly.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3407. If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  164. 3408.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section says notice for exercising jurisdiction over a person outside the state must be given in a way reasonably calculated to provide actual notice, and publication is allowed if other methods are ineffective.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3408. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. (c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  165. 3409.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section limits personal jurisdiction and service-of-process immunity in child custody-related proceedings.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3409. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subdivision (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  166. 3410.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court may communicate with a court in another state in a child-custody proceeding, and in some cases must give the parties a chance to be heard and must create and share a record.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3410. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subdivision (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  167. 3411.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section lets parties in child custody cases present out-of-state testimony, lets courts order and manage testimony taken in another state, allows remote deposition or testimony from another state, and bars exclusion of certain out-of-state documentary evidence just because of the transmission method.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3411. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court, on its own motion, may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  168. 3412.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court may ask a court in another state to take certain evidence-related steps in a child custody case, and it must keep custody records until the child turns 18 and send certified copies on request from another state’s court or law enforcement official.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 1. General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3412. (a) A court of this state may request the appropriate court of another state to do all of the following: (1) Hold an evidentiary hearing. (2) Order a person to produce or give evidence pursuant to procedures of that state. (3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding. (4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request. (5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subdivision (a). (c) Travel and other necessary and reasonable expenses incurred under subdivisions (a) and (b) may be assessed against the parties according to the law of this state. (d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  169. 3421.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court of this state may make an initial child custody determination only in the situations listed here, and subsection (a) is the exclusive jurisdictional basis.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3421. (a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the following are true: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state. (2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under Section 3427 or 3428, and both of the following are true: (A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence. (B) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships. (3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 3427 or 3428. (4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3). (b) Subdivision (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. (d) The presence of a child in this state for the purpose of obtaining gender-affirming health care or gender-affirming mental health care, as defined by Section 16010.2 of the Welfare and Institutions Code, is sufficient to meet the requirements of paragraph (2) of subdivision (a). (Amended by Stats. 2022, Ch. 810, Sec. 4. (SB 107) Effective January 1, 2023.)
  170. 3422.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court that made a qualifying child custody determination keeps exclusive, continuing jurisdiction until certain connection, evidence, or residence conditions are no longer met; if it lacks that jurisdiction, it may modify the determination only if it can make an initial determination under Section 3421.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3422. (a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or 3423 has exclusive, continuing jurisdiction over the determination until either of the following occurs: (1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships. (2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state. (b) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 3421. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  171. 3423.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court of this state generally may not change another state’s child custody determination unless specific jurisdiction and residence conditions are met, or Section 3424 applies.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3423. Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subdivision (a) of Section 3421 and either of the following determinations is made: (a) The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 3422 or that a court of this state would be a more convenient forum under Section 3427. (b) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state. (Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  172. 3424.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section lets a California court use temporary emergency child-custody jurisdiction when the child is present in the state and there is abandonment or an emergency risk of mistreatment, abuse, or lack of gender-affirming care.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3424. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse, or because the child has been unable to obtain gender-affirming health care or gender-affirming mental health care, as defined by Section 16010.2 of the Welfare and Institutions Code. (b) If there is no previous child custody determination that is entitled to be enforced under this part and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Sections 3421 to 3423, inclusive, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 3421 to 3423, inclusive. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Sections 3421 to 3423, inclusive, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child custody determination that is entitled to be enforced under this part, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Sections 3421 to 3423, inclusive, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Sections 3421 to 3423, inclusive. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. (d) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Sections 3421 to 3423, inclusive, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Sections 3421 to 3423, inclusive, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. (e) It is the intent of the Legislature in enacting subdivision (a) that the grounds on which a court may exercise temporary emergency jurisdiction be expanded. It is further the intent of the Legislature that these grounds include those that existed under Section 3403 of the Family Code as that section read on December 31, 1999, particularly including cases involving domestic violence. (Amended by Stats. 2022, Ch. 810, Sec. 5. (SB 107) Effective January 1, 2023.)
  173. 3425.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    Before a child custody determination under this part, notice and an opportunity to be heard must be given to specified people.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3425. (a) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of Section 3408 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child. (b) This part does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. (c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this part are governed by the law of this state as in child custody proceedings between residents of this state. (Amended by Stats. 2008, Ch. 699, Sec. 3. Effective January 1, 2009.)
  174. 3426.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section limits when a California court may hear or continue a child custody case if a similar case has already been started in another state, and it requires the court to check documents, communicate with the other court, and sometimes stay or dismiss the case.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3426. (a) Except as otherwise provided in Section 3424, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 3427. (b) Except as otherwise provided in Section 3424, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 3429. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. (c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following: (1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement. (2) Enjoin the parties from continuing with the proceeding for enforcement. (3) Proceed with the modification under conditions it considers appropriate. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  175. 3427.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court may decline child-custody jurisdiction as an inconvenient forum in some cases, but must consider whether another state is better suited and must stay the case if it gives up jurisdiction. It must not do so in certain gender-affirming care cases where the other state’s law would limit a parent’s ability to obtain that care.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3427. (a) A court of this state that has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child. (2) The length of time the child has resided outside this state. (3) The distance between the court in this state and the court in the state that would assume jurisdiction. (4) The degree of financial hardship to the parties in litigating in one forum over the other. (5) Any agreement of the parties as to which state should assume jurisdiction. (6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child. (7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence. (8) The familiarity of the court of each state with the facts and issues in the pending litigation. (c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (d) A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for dissolution of marriage or another proceeding while still retaining jurisdiction over the dissolution of marriage or other proceeding. (e) If it appears to the court that it is clearly an inappropriate forum, the court may require the party who commenced the proceeding to pay, in addition to the costs of the proceeding in this state, necessary travel and other expenses, including attorney’s fees, incurred by the other parties or their witnesses. Payment is to be made to the clerk of the court for remittance to the proper party. (f) (1) In a case where the provision of gender-affirming health care or gender-affirming mental health care to the child is at issue, a court of this state shall not determine that it is an inconvenient forum where the law or policy of the other state that may take jurisdiction limits the ability of a parent to obtain gender-affirming health care or gender-affirming mental health care for their child. (2) For the purposes of this section, “gender-affirming health care” and “gender-affirming mental health care” have the same meaning as defined by Section 16010.2 of the Welfare and Institutions Code. (Amended by Stats. 2022, Ch. 810, Sec. 6. (SB 107) Effective January 1, 2023.)
  176. 3428.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    If a California court has jurisdiction only because a party engaged in unjustifiable conduct, the court must decline jurisdiction unless listed exceptions apply.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3428. (a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless one of the following are true: (1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction. (2) A court of the state otherwise having jurisdiction under Sections 3421 to 3423, inclusive, determines that this state is a more appropriate forum under Section 3427. (3) No court of any other state would have jurisdiction under the criteria specified in Sections 3421 to 3423, inclusive. (b) If a court of this state declines to exercise its jurisdiction pursuant to subdivision (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 3421 to 3423, inclusive. (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subdivision (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this part. (d) In making a determination under this section, a court shall not consider as a factor weighing against the petitioner any taking of the child, or retention of the child after a visit or other temporary relinquishment of physical custody, from the person who has legal custody, if there is evidence that the taking or retention of the child was a result of domestic violence against the petitioner, as defined in Section 6211, or for the purposes of obtaining gender-affirming health care or gender-affirming mental health care, as defined by Section 16010.2 of the Welfare and Institutions Code, for the child and the law or policy of the other state limits the ability of a parent to obtain gender-affirming health care or gender-affirming mental health care for their child. (Amended by Stats. 2022, Ch. 810, Sec. 7. (SB 107) Effective January 1, 2023.)
  177. 3429.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    In a child custody case, each party must file sworn information about the child’s address history and related custody/visitation proceedings, and the court can stop the case or require more sworn information if the disclosure is incomplete.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3429. (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. However, where there are allegations of domestic violence or child abuse, any addresses of the party alleging violence or abuse and of the child which are unknown to the other party are confidential and may not be disclosed in the pleading or affidavit. The pleading or affidavit must state whether the party: (1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of, or visitation with, the child and, if so, identify the court, the case number, and the date of the child custody determination, if any. (2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding. (3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subdivision (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in paragraphs (1) to (3), inclusive, of subdivision (a) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  178. 3430.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    In a child custody case, the court may order people in this state to appear in person, may require notice to direct an out-of-state party to appear, may issue safety orders, and may shift reasonable travel expenses.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 2. Jurisdiction [3421 - 3430] ( Chapter 2 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3430. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child. (b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 3408 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (d) If a party to a child custody proceeding who is outside this state is directed to appear under subdivision (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  179. 3441.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section defines “petitioner” and “respondent” for enforcement proceedings under this chapter.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3441. In this chapter: (a) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (b) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  180. 3442.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court of this state may enforce a child-return order under the Hague Convention as if it were a child custody determination.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3442. Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  181. 3443.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court in this state must recognize and enforce qualifying child custody determinations from another state, and it may use other state-law remedies to do so.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3443. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part. (b) A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  182. 3444.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court without power to modify a child custody determination may issue a temporary order enforcing certain out-of-state visitation arrangements.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3444. (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either: (1) A visitation schedule made by a court of another state. (2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of this state makes an order under paragraph (2) of subdivision (a), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Chapter 2 (commencing with Section 3421). The order remains in effect until an order is obtained from the other court or the period expires. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  183. 3445.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court may register an out-of-state child custody determination if the required documents are sent to the proper court. The registering court must file it, notify named persons, and give them a chance to contest; a contest hearing must be requested within 20 days after notice.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3445. (a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending all of the following to the appropriate court in this state: (1) A letter or other document requesting registration. (2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified. (3) Except as otherwise provided in Section 3429, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. (b) On receipt of the documents required by subdivision (a), the registering court shall do both of the following: (1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. (2) Serve notice upon the persons named pursuant to paragraph (3) of subdivision (a) and provide them with an opportunity to contest the registration in accordance with this section. (c) The notice required by paragraph (2) of subdivision (b) shall state all of the following: (1) That a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state. (2) That a hearing to contest the validity of the registered determination must be requested within 20 days after service of the notice. (3) That failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes any of the following: (1) That the issuing court did not have jurisdiction under Chapter 2 (commencing with Section 3421). (2) That the child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (3) That the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Section 3408, in the proceedings before the court that issued the order for which registration is sought. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served shall be notified of the confirmation. (f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  184. 3446.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court may grant relief to enforce a registered child custody order from another state, and it must recognize and enforce that order unless modification is allowed under Chapter 2.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3446. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Chapter 2 (commencing with Section 3421), a registered child custody determination of a court of another state. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  185. 3447.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    If an enforcement case is filed and a related modification case is pending in another state, the enforcing court must promptly communicate with that court.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3447. If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Chapter 2 (commencing with Section 3421), the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  186. 3448.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section requires an enforcement petition to be verified, include certified copies of the orders, and state specified facts. It also requires the court to set a hearing quickly and issue an appearance order after a petition is filed.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3448. (a) A petition under this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child custody determination must state all of the following: (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was. (2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this part and, if so, identify the court, the case number, and the nature of the proceeding. (3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding. (4) The present physical address of the child and the respondent, if known. (5) Whether relief in addition to the immediate physical custody of the child and attorney’s fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought. (6) If the child custody determination has been registered and confirmed under Section 3445, the date and place of registration. (c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (d) An order issued under subdivision (c) must state the time and place of the hearing and advise the respondent that, at the hearing, the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under Section 3452, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either of the following: (1) That the child custody determination has not been registered and confirmed under Section 3445 and all of the following are true: (A) The issuing court did not have jurisdiction under Chapter 2 (commencing with Section 3421). (B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 3408, in the proceedings before the court that issued the order for which enforcement is sought. (2) That the child custody determination for which enforcement is sought was registered and confirmed under Section 3445, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (Amended by Stats. 2008, Ch. 699, Sec. 4. Effective January 1, 2009.)
  187. 3449.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    Except as provided in Section 3451, the petition and order must be served on the respondent and any person who has physical custody of the child by a method authorized by state law.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3449. Except as otherwise provided in Section 3451, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  188. 3450.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court must order immediate physical custody to the petitioner when the statute’s conditions are met, unless a temporary emergency order applies or the respondent proves one of the listed exceptions.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3450. (a) Unless the court issues a temporary emergency order pursuant to Section 3424, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes either of the following: (1) That the child custody determination has not been registered and confirmed under Section 3445 and one of the following is true: (A) The issuing court did not have jurisdiction under Chapter 2 (commencing with Section 3421). (B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 3408, in the proceedings before the court that issued the order for which enforcement is sought. (2) That the child custody determination for which enforcement is sought was registered and confirmed under Section 3445 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (b) The court shall award the fees, costs, and expenses authorized under Section 3452 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of spouses or parent and child may not be invoked in a proceeding under this chapter. (Amended by Stats. 2014, Ch. 82, Sec. 31. (SB 1306) Effective January 1, 2015.)
  189. 3451.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    This section lets a petitioner seek an emergency warrant to take a child into physical custody in a custody-enforcement case, and sets hearing, service, and warrant requirements.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3451. (a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subdivision (b) of Section 3448. (c) A warrant to take physical custody of a child must do all of the following: (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based. (2) Direct law enforcement officers to take physical custody of the child immediately. (3) Provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  190. 3452.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    The court must award the prevailing party its necessary and reasonable expenses, unless doing so would be clearly inappropriate; the court generally may not assess those fees or expenses against a state unless another law allows it.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3452. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this part. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  191. 3453.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A court of this state must give full faith and credit to another state’s order and enforce another state’s child custody determination, unless that order has been vacated, stayed, or modified by a court with jurisdiction.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3453. A court of this state shall accord full faith and credit to an order issued by another state, and consistent with this part, enforce a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Chapter 2 (commencing with Section 3421). (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  192. 3453.5.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A California court may not enforce or apply another state’s law that lets a state agency remove a child because a parent allowed gender-affirming care.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3453.5. (a) A law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care is against the public policy of this state and shall not be enforced or applied in a case pending in a court in this state. (b) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code. (Added by Stats. 2022, Ch. 810, Sec. 8. (SB 107) Effective January 1, 2023.)
  193. 3454.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    The enforcing court may not stay enforcement of a child custody order while an appeal is pending, unless a temporary emergency order under Section 3424 is entered.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3454. An appeal may be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 3424, the enforcing court may not stay an order enforcing a child custody determination pending appeal. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  194. 3455.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    In certain child-custody or Hague Convention cases, a district attorney may proceed under the specified chapter and may not represent any party.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3455. (a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney is authorized to proceed pursuant to Chapter 8 (commencing with Section 3130) of Part 2. (b) A district attorney acting under this section acts on behalf of the court and may not represent any party. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  195. 3456.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    At the request of a district attorney under Section 3455, a law enforcement officer may take lawful actions reasonably necessary to locate a child or a party and help the district attorney.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3456. At the request of a district attorney acting under Section 3455, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the district attorney with responsibilities under Section 3455. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  196. 3457.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    The court may assess direct expenses and costs incurred by a district attorney under Sections 3455 or 3456, following Section 3134.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 3. Enforcement [3441 - 3457] ( Chapter 3 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3457. The court may assess all direct expenses and costs incurred by a district attorney under Section 3455 or 3456 pursuant to the provisions of Section 3134. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  197. 3461.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    When applying and construing this Act, consideration must be given to promoting uniformity of the law among states that enact it.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3461. In applying and construing this Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  198. 3462.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    If part of this section is invalid, the rest still applies if it can work without the invalid part.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3462. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  199. 3465.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. )

    Verify source ↗

    A motion or request for relief in an older child custody case is governed by the law that was in effect when the motion or request was made.

    ## Family Code - FAM ## DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) ## CHAPTER 4. Miscellaneous Provisions [3461 - 3465] ( Chapter 4 added by Stats. 1999, Ch. 867, Sec. 3. ) ## 3465. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
  200. 350.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. )

    Verify source ↗

    Before marrying, the parties must first get a marriage license from the county clerk.

    ## Family Code - FAM ## DIVISION 3. MARRIAGE [300 - 560] ( Division 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. MARRIAGE LICENSE [350 - 360] ( Heading of Part 2 amended by Stats. 2006, Ch. 816, Sec. 7. ) ## 350. (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk. (b) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall appear before the county clerk on behalf of the party who is overseas, as prescribed in subdivision (a). (Amended by Stats. 2004, Ch. 476, Sec. 1. Effective September 10, 2004.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.