California state law for dating a minor
So how does the California family court or California judge handle competing persons seeking custody of the child?According to California family code section 3040 child custody should be granted in an order of preference and according to the best interest of the child.
Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.: Best Interest of the Child Standard California Family Code Section 3011 states, 3011.In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant, consider all of the following: (a) The health, safety, and welfare of the child.(a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children.The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child. (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 30: (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 30, and shall not prefer a parent as custodian because of that parent's sex.
As used in this subdivision, "controlled substances" has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code.
(e) (1) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record.
(d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services.
The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.