CA Family Code § 3044 - Custody Orders and Parenting Plans
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(a) In making an order for custody of a child whose parents are not married to each other, the court shall consider all factors in § 3011, except that the court shall not apply a preference for either parent based on that parent’s or the child’s sex. In determining the best interest of the child, the court shall apply § 3020 and may apply the guidelines set forth in § 3040.
(b) The court may grant joint custody to both parents if it is in the best interest of the child. The court shall consider the following in determining whether joint custody is in the best interest of the child: (1) The ability of parents to communicate and cooperate in shared parenting (2) Any history of abuse or domestic violence (3) The health and safety of the child (4) The nature and amount of contact with each parent
(c) The court shall consider all factors relevant to the best interest of the child, including: (1) The health, safety, and welfare of the child (2) Any history of abuse by the parent (3) The nature and amount of contact with each parent (4) The ability and willingness of each parent to provide care
Best Interest Standard
California uses a comprehensive best interest of the child standard rather than a statutory presumption for equal shared parenting. The court has discretion to award sole, joint, or other custody arrangements based on the child’s best interest.