California Family Code

§ 6323

FAM § 6323 Effective Jan 1, 2022Div. 10 · Part 4 · Ch. 2 · Art. 1

Statute text

(a)Subject to Section 3064:

(1)The court may issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship pursuant to paragraph (2). The parties shall inform the court if a custody or visitation order has already been issued in any other proceeding.

(2)(A) In making a determination of the best interest of the child, in order to limit the child’s exposure to potential domestic violence, and to ensure the safety of all family members, if the party who has obtained the restraining order has established a parent and child relationship and the other party has not established that relationship, the court may award temporary sole legal and physical custody to the party to whom the restraining order was issued and may make an order of no visitation to the other party pending the establishment of a parent and child relationship between the child and the other party.

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Legislative history

Amended by Stats. 2021, Ch. 685, Sec. 6. (SB 320) Effective January 1, 2022.