California Statutory Criteria For Determination of Custody Disputes
Family Code § 3022 provides the court with authority to make an order for the custody of a minor child that seems necessary and proper during the pendency of a proceeding or at any time thereafter.
California family law courts use Family Code § 3040 to establish the order of preference in granting custody in divorce actions. The first section of this code section provides that “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.”
Parties involved in a custody dispute would be wise to review Family Code §§ 3011 and 3020. Since these two sections outline the criteria that California judges use to determine custody disputes, parties to such actions should address these factors in their declarations when providing testimony and argument. Successful litigants spend time addressing facts that directly address these factors. Spending too much time on facts that do not relate to the above sections may distract the judge from focusing on the facts that are needed for a successful outcome. Attorneys who practice exclusively in the area of family will know how to take unique facts of individual custody disputes and explain to the Court how those facts apply to the factors found in §§ 3011 and 3020.