General Provisions Related to the Custody of Children

California Family Code Division 8, Part 1, Chapter 1 contains definitions related to the custody of children. Section 3000 states that the the definitions in this chapter govern the construction of this division.

Section 3002 defines the term “joint custody.”

Section 3003 defines the term “joint legal custody.”

Section 3004 defines the term “joint physical custody.”

Section 3006 defines the term “sole legal custody.”

Section 3007 defines the term “sole physical custody.”

Chapter 2 contains general provisions. Section 3010 provides that the mother of an unemancipated minor child and the father, if presumed to be the father, are equally entitled to the custody of the child. 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.

Section 3011 states that, in making a determination of the best interests of the child in a proceeding, the court is required to consider relevant factors, including five specified factors.

Section 3012 specifies that, if a party’s deportation or detention by the USICE will have a material effect on the person’s ability to appear in person at a child custody proceeding, the court must allow the party to present testimony and evidence and participate in mandatory child custody mediation by electronic means.