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Family Code - FAM - FAM § 3030.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3030.5

(a) Upon the motion of one or both parents, or the legal guardian or custodian, or upon the court’s own motion, an order granting physical or legal custody of, or unsupervised visitation with, a child may be modified or terminated if either of the following circumstances has occu

Family Code - FAM - FAM § 3031

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3031

(a) Where the court considers the issue of custody or visitation the court is encouraged to make a reasonable effort to ascertain whether or not any emergency protective order, protective order, or other restraining order is in effect that concerns the parties or the minor. The c

Family Code - FAM - FAM § 3032

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3032

(a) The Judicial Council shall establish a state-funded one-year pilot project beginning July 1, 1999, in at least two counties, including Los Angeles County, pursuant to which, in any child custody proceeding, including mediation proceedings pursuant to Section 3170, any action

Family Code - FAM - FAM § 304

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 304

(a) In determining whether to issue a court order granting permission to marry pursuant to Section 302 or 303, the court shall do all of the following: (1) Require Family Court Services to separately interview the parties intending to marry and, if applicable, at least one of the

Family Code - FAM - FAM § 3040

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 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 3020: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting

Family Code - FAM - FAM § 3040.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3040.5

When making a determination of the best interests of a child pursuant to Section 3011, the court shall consider any relevant, admissible evidence that a parent has caused human trafficking of the child or other parent.

Family Code - FAM - FAM § 3041

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3041

(a) Before making an order granting custody to a person other than a parent, over the objection of a parent, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best

Family Code - FAM - FAM § 3041.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3041.5

In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding

Family Code - FAM - FAM § 3042

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3042

(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation. (b) In additio

Family Code - FAM - FAM § 3043

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3043

In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court shall consider and give due weight to the nomination of a guardian of the person of the child by a parent under Article 1 (commencing wi

Family Code - FAM - FAM § 3044

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3044

(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of

Family Code - FAM - FAM § 3046

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3046

(a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in determining custody or visitation in either of the following circumstances: (1) The absence or relocation is of short duration and the court find

Family Code - FAM - FAM § 3047

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3047

(a) A party’s absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party’s activation to m

Family Code - FAM - FAM § 3048

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3048

(a) Notwithstanding any other law, in a proceeding to determine child custody or visitation with a child, every custody or visitation order shall contain all of the following: (1) The basis for the court’s exercise of jurisdiction. (2) The manner in which notice and opportunity t

Family Code - FAM - FAM § 3049

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3049

It is the intent of the Legislature in enacting this section to codify the decision of the California Supreme Court in In re Marriage of Carney (1979) 24 Cal.3d 725, with respect to custody and visitation determinations by the court involving a disabled parent.

Family Code - FAM - FAM § 305

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 305

Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.

Family Code - FAM - FAM § 306

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 306

Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this p

Family Code - FAM - FAM § 306.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 306.5

(a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon marriage unless that person elects to change their name pursuant to subdivision (b). (b) (1) One party or both partie

Family Code - FAM - FAM § 3060

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3060

A petition for a temporary custody order, containing the statement required by Section 3429, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing.

Family Code - FAM - FAM § 3061

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3061

If the parties have agreed to or reached an understanding on the custody or temporary custody of their children, a copy of the agreement or an affidavit as to their understanding shall be attached to the petition or action. As promptly as possible after this filing, the court sha

Family Code - FAM - FAM § 3062

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3062

(a) In the absence of an agreement, understanding, or stipulation, the court may, if jurisdiction is appropriate, enter an ex parte temporary custody order, set a hearing date within 20 days, and issue an order to show cause on the responding party. If the responding party does n

Family Code - FAM - FAM § 3063

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3063

In conjunction with any ex parte order seeking or modifying an order of custody, the court shall enter an order restraining the person receiving custody from removing the child from the state pending notice and a hearing on the order seeking or modifying custody.

Family Code - FAM - FAM § 3064

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 3064

(a) The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. (b) (1) “Immediate harm to the

Family Code - FAM - FAM § 307

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 307

This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not having clergy for the purpose of solemnizing marriage or entering the marriage relation, if all of the following requirements are

Family Code - FAM - FAM § 308

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 308

A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California.