Joint Custody under California Law

California Family Code Division 8, Part 2, Chapter 4 deals with joint custody of a minor child.

Section 3080 creates a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child 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.

Section 3081 provides that, on application of either parent, joint custody may be ordered in the discretion of the court in cases other than those specified instances. The court may direct an investigation to assist itself in making a determination.

Section 3082 requires the court to state, when a request for joint custody is granted or denied, 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.

Section 3083 explains that, in making an order of joint legal custody, the court is required to 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.

Section 3084 requires the court, when making an order of joint physical custody, to specify that 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.

Section 3085 allows the court, when making an order for custody with respect to both parents, to grant joint legal custody without granting joint physical custody.

Section 3086 authorizes the court, in making an order of joint physical custody or joint legal custody, to 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.

Section 3087 states that 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 is required to state in its decision the reasons for modification or termination of the joint custody order.

Section 3088 explains that 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, be modified at any time to an order for joint custody in accordance with this chapter.

Section 3089 provides that, 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.