CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
MATTERS TO BE CONSIDERED IN GRANTING CUSTODY
Family Code Section 3040
(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
(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 Section
3020, and shall not prefer a parent as custodian because of that parent's
sex. 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.
(3) To any other person or persons deemed by the court to be suitable and
able to provide adequate and proper care and guidance for the child.
(b) This section establishes neither a preference nor a presumption for
or against joint legal custody, joint physical custody, or sole custody,
but allows the court and the family the widest discretion to choose a
parenting plan that is in the best interest of the child.