General Provisions Related to the Right of Custody of Minor Children

Division 8, Part 2, Chapter 1 of the Family Code provides general provisions. Section 3020 contains legislative findings and declarations related to the court’s primary concern in determining the best interests of children.

Section 3021 specifies that this part applies to seven specified types of family law proceedings. Section 3022 authorizes the court to make an order for the custody of a child during minority that seems necessary or proper.

Section 3022.3 provides that, upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court has to issue a statement of the decision explaining the factual and legal basis for its decision.

Section 3022.5 states that a motion by a parent for reconsideration of an existing child custody order is to 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.

Section 3023 requires the case to be given preference over other civil cases if custody of a minor child is the sole contested issue. If there is more than one contested issue and one of the issues is the custody of a minor child, the court on the issue of custody is required to order a separate trial. The separate trial must be given preference over other civil cases.

Section 3024 states that, in making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent must 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.

Section 3025 specifies that access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, are not to be denied to a parent because that parent is not the child’s custodial parent.

Section 3025.5 provides, 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 and a recommendation made to the court, that information must be contained in a document placed in the confidential portion of the court file of the proceeding, and may not be disclosed, except to specified persons.

Section 3026 prohibits family reunification services from being ordered as a part of a child custody or visitation rights proceeding.

Section 3027 states that, if allegations of child 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 deems appropriate under the circumstances to protect the child’s safety until an investigation can be completed.

Section 3027.1 states that, if a court determines, based on the investigation 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.

Section 3027.5 prohibits a parent from being placed on supervised visitation, or be denied custody of or visitation with the parent’s child, and custody or visitation rights are not to be limited, solely because the parent did any of three specified acts.

In addition, 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.

Section 3028 allows the court to 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.

The compensation must be limited in a specified manner.  The compensation may be requested. Attorney’s fees must also be awarded to the prevailing party upon a showing of the nonprevailing party’s ability to pay.

Section 3029 states that an order granting custody to a parent who is receiving, or in the opinion of the court is likely to receive, specified public assistance for the maintenance of the child must include an order 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.

Section 3030 prohibits a person from being granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex offender where the victim was a minor, unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record.

In addition, a person is prohibited from being 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, unless the court finds there is no significant risk to the child and states its reasons in writing or on the record.

Also, no person can be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree 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 at least three specified items.

Section 3030.5 states that, 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 specified 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.

The court cannot 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.

Section 3031 provides that, 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 specified findings.

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 is required to consider whether the best interest of the child, based upon the circumstances of the case, requires that any custody or visitation arrangement must 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.