What You Need to Know About California Family Code Section 3011: Domestic Violence Custody Factors
The California Family Code is the set of laws that govern family relations, including marriage, divorce, and legal separations. Here’s everything you need to know about California Family Code Section 3011: Domestic Violence Custody Factors.
California Family Code Section 3011: Domestic Violence Custody Factors covers the factors the court will consider when determining child custody in the State of California.
What Proceedings Do These Factors Apply To?
The factors listed in California Family Code Section 3011: Domestic Violence Custody Factors apply to proceedings and actions for the following:
- Dissolution of marriage
- Nullity of marriage
- Legal separation of the parties
- Exclusive custody
- Any proceeding to determine physical or legal custody or visitation in a proceeding pursuant to the Domestic Violence Prevention Act (DVPA) or the Uniform Parentage Act (UPA)
- Any proceeding to determine physical or legal custody or visitation in an action brought by the district attorney
Related: 9 Factors That Affect Child Custody in California
What Are the Factors Considered When Determining Custody Rights of a Minor Child in California?
The initial factor used to determine custody rights of a minor child in the State of California is the health, safety, and welfare of the child. The court will also consider the nature and amount of contact between both of the child’s parents.
The court also considers any history of abuse by one parent or any person seeking custody of the child against the following:
- A child, whose custody is being sought, that is related to the person seeking custody biologically or by association, or who has been cared for by the person seeking custody for any length of time
- The other parent
- A parent, current spouse, or significant other
Related: Domestic Violence and Child Custody: CA Family Code 3044
The court will also consider the custody-seeking person’s usage of drugs and alcohol.
In evaluating the custody-seeking individual’s history of abuse and substance use, the court will consider written reports by police, child protective services, medical facilities, and more. If the court finds such allegations against the custody-seeking individual and still decides to grant custody of the child to the person in question, they must state their reasoning in writing.
The court does not consider the sex, gender identity, gender expression, or sexual orientation of the custody-seeking person in determining custody of the minor child.
How Does the Court Decide Who Gets Custody?
California law states that the child’s health, safety, and welfare should be California courts’ main concern when deciding matters of physical or legal custody and visitation.
California’s public policy is also that children have frequent and continuing contact with both parents after a separation. Furthermore, parents should share the parenting rights and responsibilities of the child.
If these two policies conflict, the court will make a decision regarding physical or legal custody and visitation that is most beneficial to the health, safety, and welfare of the child and to all of the child’s family members.
FAQs About California Family Code Section 3011: Domestic Violence Custody Factors
When the court is evaluating my history of abuse or drug and alcohol use when I seek custody of my child, what evidence do they consider?
The court considers written reports from the following organizations:
- Law enforcement agencies
- Child protective services and other social welfare agencies
- Courts
- Medical facilities
- Public agencies and private nonprofit organizations providing services to victims of sexual assault or domestic violence
- Public agencies and private nonprofit organizations providing services to victims of drug and alcohol abuse services
Does the court consider my gender identity or sexual orientation in making their custody decision?
No, the court does not consider the sex, gender identity, gender expression, or sexual orientation of the custody-seeking person in determining custody or the child’s best interest.
Contact Us
If you or a loved one have any more questions about Section 3011 and/or domestic violence custody factors, contact us. Get a free consultation with one of our experienced Domestic VIolence attorneys today!