FL-300: Request for Order

Statutes

• Cal. Fam. Code § 3011 — Best Interests of the Child; Factors

  In deciding a child's best interests in a custody proceeding, the court must consider, among any other relevant factors consistent with Section 3020: the child's health, safety and welfare; any history of abuse by a parent or other person seeking custody against a child related to that person by blood or affinity or with whom that person has had a caretaking relationship (no matter how temporary), against the other parent, or against that person's parent, current spouse, cohabitant, or dating or engagement partner; the nature and amount of contact with both parents; and either parent's habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol or prescribed controlled substances. Before considering abuse or substance-abuse allegations the court may require independent corroboration, such as written reports from law enforcement, child protective services or other social welfare agencies, courts or medical facilities. If those allegations were raised in the current proceeding and the court still orders sole or joint custody or unsupervised visitation to that parent, it must state its reasons in writing or on the record that the order is in the child's best interest and protects the safety of the parties and the child, and the order must be specific as to time, day, place and manner of transfer. The court shall not consider the sex, gender identity, gender expression or sexual orientation of a parent, legal guardian or relative in determining the child's best interests. Stats. 2026, ch. 848 (SB 1364), approved September 30, 2026 and expected to take effect January 1, 2027, adds that abuse of the other parent includes abuse that resulted in conception of the child, and new Section 3044.1 creates a rebuttable presumption against sole or joint custody for a party found by clear and convincing evidence to have committed a sexual assault that resulted in the child's conception.

• Cal. Fam. Code § 3020 — Custody Policy; Health, Safety, and Continuing Contact

  California's stated policy is that the health, safety, and welfare of children shall be the court's primary concern in determining best interests when making any physical custody, legal custody, or visitation order, and that child abuse or domestic violence in a household where a child resides is detrimental to the child. It is also state policy that children have frequent and continuing contact with both parents after separation, except when that contact would not be in the child's best interests. When those two policies conflict, the custody or visitation order shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members. A parent's sex, gender identity, gender expression, or sexual orientation is not to be considered in determining the child's best interests. Section 3020 is a policy statement only: it does not set a standard, burden, or waiting period for modifying an existing custody order.

• Cal. Fam. Code § 3040 — Order of Preference for Custody

  Custody should be granted in this order of preference according to the child's best interest: (1) to both parents jointly or to either parent; (2) if to neither parent, to the person in whose home the child has been living in a wholesome and stable environment; (3) to any other person the court finds suitable and able to provide adequate care and guidance. When 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. The section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, leaving the court the widest discretion to choose a parenting plan in the child's best interest. A parent's immigration status shall not disqualify them, the court shall not consider a parent's sex, gender identity, gender expression, or sexual orientation, and if the effects of a parent's mental illness are a factor the court must give a list of local mental health resources and state its reasons in writing or on the record. Section 3040 does not itself set the standard for modifying an existing custody order. The court may also require the parents to submit a plan for implementing the custody order.