California Family Code
§ 3040
FAM § 3040 Effective Jan 1, 2023Div. 8 · Part 2 · Ch. 2
Statute text
View on leginfo.ca.gov(a)Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020:
(1)To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order 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, consistent with Sections 3011 and 3020. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.
(2)If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.
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Legislative history
Amended by Stats. 2022, Ch. 385, Sec. 3. (SB 1182) Effective January 1, 2023.