Does California prefer joint custody over sole custody?

What the Law Says

California law does not create a presumption in favor of joint custody over sole custody. Instead, it establishes the child’s best interest as the sole standard for all custody decisions — and includes specific factors courts must consider.

The California Family Code states that 'the health, safety, and welfare of the child' is the court’s primary concern when making custody orders.

It also says that 'a parent who has been convicted of certain crimes may be denied custody or visitation', and that 'the court shall consider any history of abuse by one parent against the child or the other parent.'

Importantly, the law affirms that 'it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents separate or dissolve their marriage,' but only 'if that contact is in the best interest of the child.'

Statutory Text

The health, safety, and welfare of the child is the court's primary concern in determining the best interest of the child.

— Family Code § 3020(a)

Statutory Text

It is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents separate or dissolve their marriage, so long as the contact is in the best interest of the child.

— Family Code § 3020(b)

Statutory Text

The court shall make an award of custody according to the best interests of the child.

— Family Code § 3040(a)

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