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HomeFamily CodeDiv. 8Pt. 2Ch. 1§ 3020 Child Custody Best Interests

§ 3020 Child Custody Best Interests

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3020 Child Custody Best Interests

This law says that when courts decide who gets to see or care for kids, the child's safety and well‑being come first, and kids should stay in touch with both parents unless it would hurt them.

Key Takeaways

  • •The child's health, safety, and welfare are the top priority.
  • •Kids should have frequent and continuing contact with both parents unless it would harm them.
  • •A parent's gender, gender identity, or sexual orientation cannot be used to decide custody.

Example

A mom and dad split up. The dad wants to see his 8‑year‑old son every weekend. The court must decide if that is safe.

Because the law says kids should keep contact with both parents unless it would be dangerous, the judge can order regular visits, but if the dad has been violent the court can block visits to protect the child.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3020 Child Custody Best Interests

(a) The Legislature finds and declares that it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that children have the right to be safe and free from abuse, and that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child. (b) The Legislature finds and declares that it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except when the contact would not be in the best interests of the child, as provided in subdivisions (a) and (c) of this section and Section 3011. (c) When the policies set forth in subdivisions (a) and (b) of this section are in conflict, a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members. (d) The Legislature finds and declares that it is the public policy of this state to ensure that the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative is not considered in determining the best interests of the child. (Amended by Stats. 2019, Ch. 551, Sec. 2. (SB 495) Effective January 1, 2020.)

Last verified: January 10, 2026

Key Terms

visitationseparationthe legislaturemarriagesafetyhealthcustodydomestic violence

Related Statutes

  • § 7807 Child Custody Proceeding Stay
  • § 20000 Child Spousal Support System
  • § 2348 Marriage Judgment Reporting
  • § 3011 Child Custody Best Interests
  • § 3040 Child Custody Preference Order

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 3020.
View Official Source