(b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence.A common challenge for the court is to decide who will get custody of the child.Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child.As used in this subdivision, "controlled substances" has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code.(e) (1) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record. Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080.Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.
All told, SPN has posted links to 2,298 studies and generated a total of 1,191,764 visits to these studies (an average of 340 visits per study for links posted in the past month).(a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children.The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.: Best Interest of the Child Standard California Family Code Section 3011 states, 3011.In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child.: Health, Safety, and Welfare of the Child Under the best interest of the child standard the "health, safety, and welfare" of the child is a relevant factor the family court must consider in making a child determination on child custody and visitation.