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March 24, 20253085. Grant of joint legal custody without joint physical custody
In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.
Statutes: California
- Government Code
- Civil Code
- Division 3. Obligations
- Part 3. Obligations Imposed by Law
- Part 4. Obligations Arising from Particular Transactions
- Title 5. Hiring
- Chapter 2. Hiring of Real Property
- 1941.5. Alleged abuse or violence by non-tenant against eligible tenant or immediate family or household member of eligible tenant; change of locks on dwelling unit; documentation; definitions
- 1941.6. Tenant protected by restraining order against another tenant; change of locks on dwelling unit; liability regarding person excluded; definitions
- 1946. Renewable hiring; notice of termination
- 1946.7. Victims of domestic violence, sexual assault, stalking, human trafficking, or abuse of elder or dependent adult; written notice to terminate tenancy; requirements of notice; landlord disclosure to third party; violations and remedies
- 1946.8. Summoning law enforcement assistance or emergency assistance; lease or rental agreement provisions prohibiting or limiting right void; penalties prohibited; establishing belief; waiver void and unenforceable; affirmative defense; remedies
- 1946.9. Tenant screening; adverse actions based on abuse or violence against prospective tenant prohibited; damages
- Chapter 2. Hiring of Real Property
- Title 5. Hiring
- Division 3. Obligations
- Code of Civil Procedure
- Part 1. Of Courts of Justice
- Part 2. Of Civil Actions
- Title 3. Of the Parties to Civil Actions
- Title 3a. Vexatious Litigants
- 391. Definitions
- 391.1. Motion for order requiring security; grounds
- 391.2. Scope of hearing; ruling not deemed determination of issues
- 391.3. Order to furnish security; amount; dismissal of litigation
- 391.4. Dismissal for failure to furnish security
- 391.6. Stay of proceedings
- 391.7. Prefiling order prohibiting the filing of new litigation; contempt; conditions
- 391.8. Filing application to vacate prefiling order and remove name from Judicial Council’s list
- Title 5. Jurisdiction and Service of Process
- Title 7. Other Provisional Remedies in Civil Actions
- Chapter 3. Injunction
- 525. Definition; grant; enforcement
- 526. Cases in which authorized; restrictions on grant
- 527. Grants before judgment upon verified complaint or affidavits; service; notice; procedures; application; fees
- 527.6. Harassment; temporary restraining order and order after hearing; procedure; allegations or threats of violence; support person; costs and attorney fees; punishment; confidentiality of information relating to minors
- 527.8. Employees subject to unlawful violence or threat of violence at the workplace; temporary restraining order; injunction; constitutional protections for speech and activities
- Chapter 3. Injunction
- Part 3. Of Special Proceedings of a Civil Nature
- California Rules of Court
- Family Code
- Division 2. General Provisions
- Division 4. Rights and Obligations During Marriage
- Division 6. Nullity, Dissolution, and Legal Separation
- Division 8. Custody of Children
- Part 1. Definitions and General Provisions
- Part 2. Right to Custody of a Minor Child
- Chapter 1. General Provisions
- 3020. Legislative findings and declarations; health, safety, and welfare of children; continuing contact with parents
- 3021. Application of part
- 3022. Order for custody
- 3022.3. Statement of decision
- 3022.5. Motion by parent for reconsideration of child custody order after conviction of spouse for false accusation of child abuse against parent
- 3023. Sole contested issue or order for separate trial on issue; preference for trial date
- 3024. Notice to other parent of change of residence of child
- 3025. Parental access to records
- 3025.5. Psychological evaluations of children; confidentiality; exceptions; confidential information contained in child custody evaluation reports
- 3026. Family reunification services
- 3027. Allegations of child abuse or child sexual abuse
- 3027.1. False accusations of child abuse or neglect during child custody proceedings; knowledge; penalties
- 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation
- 3028. Compensation; failure to assume caretaker responsibility; thwarting of other parent's visitation or custody rights; attorney's fees
- 3029. Noncustodial parent's liability for support if custodial parent is receiving AFDC assistance; order
- 3030. Sex offenders; murderers; custody and visitation; child support; disclosure of information relating to custodial parent
- 3030.5. Modification or termination of order for physical or legal custody or unsupervised visitation order; sex offenders required to be registered
- 3031. Protective or restraining orders; findings; transfer of children; detail specific custody or visitation orders; required presence of third party
- 3032. Pilot program to provide interpreter in child custody or protective order cases; lack of English proficiency and financial ability of party; report to legislature
- CHAPTER 2 Matters to be Considered in Granting Custody
- 3040. Order of preference
- 3041. Custody award to nonparent; findings of court; hearing
- 3041.5. Controlled substances or alcohol abuse testing of persons seeking custody or visitation; grounds for testing; confidentiality of results; penalties for unauthorized disclosure
- 3042. Preference of child; custody or visitation; examination of child witnesses; addressing the court; means other than direct testimony; determination of wish to express preference; rule of court
- 3043. Nomination of guardian by parent
- 3044. Presumption against persons perpetrating domestic violence
- 3046. Party absence or relocation from residence; consideration; interference with contact; application
- 3047. Military duty, temporary duty, mobilization, or deployment as justification; modification of custody or visitation orders; ability to appear at hearing; relocation of nondeploying parent; deployment as basis for inconvenience; legislative intent
- 3048. Required contents for custody or visitation orders; risk of child abduction; risk factors and preventative measures; notation of preventative conditions on minute order of court proceedings; Child Abduction Unit; child custody order forms
- CHAPTER 3 Temporary Custody Order During Pendency of Proceedings
- 3060. Petition for temporary custody order
- 3061. Agreement or understanding on custody; temporary custody order
- 3062. Ex parte temporary custody orders; hearing; extension of order if responding party avoiding jurisdiction
- 3063. Order restraining removal of child from state
- 3064. Restrictions on ex parte orders granting or modifying custody order
- CHAPTER 4 Joint Custody
- 3080. Presumption of joint custody
- 3081. Application by parents; custody investigation
- 3082. Statement of reasons for grant or denial
- 3083. Contents and construction of joint legal custody order
- 3084. Rights of parents to physical control of child
- 3085. Grant of joint legal custody without joint physical custody
- 3086. Orders of joint physical custody or joint legal custody; designation of primary caretaker and primary home of child
- 3087. Modification or termination of joint custody order; statement of reasons
- 3088. Modification of custody order to joint custody order
- 3089. Conciliation court; consultation by court or parties
- CHAPTER 5 Visitation Rights
- 3100. Joint custody orders; visitation rights; domestic violence prevention orders; transfer of children; detail specific orders; confidentiality of shelter locations
- 3101. Stepparent's visitation rights
- 3102. Deceased parent; visitation rights of close relatives; adoption of child
- 3103. Grandparent's rights; custody proceeding
- 3104. Grandparent's rights; petition by grandparent; notice; protective order directed to grandparent; rebuttable presumptions; conflict with rights of non-party birth parent; change of residence of child; discretion of court
- 3105. Former legal guardians; visitation rights
- CHAPTER 7 Action for Exclusive Custody
- CHAPTER 11 Mediation of Custody and Visitation Issues
- Article 1. General Provisions
- 3160. Mediators; availability; duties of court
- 3161. Purpose of mediation proceedings
- 3162. Uniform standards of practice; contents; adoption by judicial council
- 3163. Local rules; development
- 3164. Qualifications of mediators
- 3165. Continuing education; clinical supervisors of evaluators, investigators, and mediators
- Article 2. Availability of Mediation
- 3170. Setting matters for mediation; guidelines for handling domestic violence cases
- 3171. Stepparent or grandparent visitation; setting matter for mediation; waiver of parental right to object or require a hearing
- 3172. Paternity disputes; availability of mediation proceedings
- 3173. Mediation of disputes relating to existing custody or visitation orders; filing of petition
- Article 3. Mediation Proceedings
- 3175. Setting matter before or concurrent with hearing
- 3176. Notice of mediation and hearing
- 3177. Confidentiality of proceedings
- 3178. Restrictions on mediation agreements
- 3179. Modification of agreements
- 3180. Duties of mediators
- 3181. Domestic violence history between the parties; separate meetings; intake forms
- 3182. Authority of mediators; exclusion of counsel; exclusion of domestic violence support person
- 3183. Child custody recommending counseling; written report provided to parties and counsel; investigation when agreement not reached; restraining order to protect child well-being
- 3184. Appointment of counsel to represent minor child; recommendations
- 3185. Failure to reach mediation agreement; visitation rights hearing
- 3186. Report of agreement; confirmation or incorporation of agreement in order
- 3188. Confidential mediation program
- Article 1. General Provisions
- CHAPTER 12 Counseling of Parents and Child
- Chapter 1. General Provisions
- Part 3. Uniform Child Custody Jurisdiction and Enforcement
- Division 9. Support
- Chapter 1. Duty of Parent to Support Child
- Part 2. Child Support
- Part 3. Spousal Support
- Chapter 2. Factors to be Considered in Ordering Support
- 4320. Determination of amount due for support; considerations
- 4324. Attempted murder or soliciting the murder of spouse; prohibited awards
- 4324.5. Violent sexual felony; domestic violence felony; prohibited awards
- 4325. Temporary or permanent support to abusive spouse; rebuttable presumption disfavoring award; evidence
- 4336. Retention of jurisdiction; application of section
- Chapter 2. Factors to be Considered in Ordering Support
- Division 10. Prevention of Domestic Violence
- Part 1. Short Title and Definitions, Select Sections between 6200-6219
- Part 2. General Provisions, Secs. 6220-6228
- Part 3. Emergency Protective Orders
- Part 4. Protective Orders and Other Domestic Violence Prevention Orders
- CHAPTER 1. General Provisions, Secs. 6300-6308
- CHAPTER 2. Issuance of Orders
- Article 1. Ex Parte Orders, Secs. 6320-6327
- 6340. Ex parte orders; survival of custody, visitation, or support order following expiration of protective order; alternative methods of service; court statement upon denial
- Article 2. Orders Issuable After Notice and Hearing, Secs. 6341-6347
- Article 3. Orders Included in Judgment, Secs. 6360-6361
- CHAPTER 3. Registration and Enforcement of Orders, Secs. 6380-6389
- PART 5. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, Secs., 6400-6409
- Division 12. Parent and Child Relationship
- Penal Code
- Preliminary Provisions
- Part 1. Of Crimes and Punishments
- Title 7. Of Crimes Against Public Justice
- Title 8. Of Crimes Against the Person
- Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals
- Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
- 261. "Rape" defined
- 261.5. Unlawful sexual intercourse with person under 18; age of perpetrator; civil penalties
- 261.6. Consent; current or previous dating or marital relationship; admissibility of evidence or burden of proof
- 261.7. Evidence that victim requested that defendant use condom or other birth control device; consent
- 264.1. Rape or penetration of genital or anal openings by foreign object, etc.; acting in concert by force or violence; punishment
- 266c. Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment
- Chapter 2. Abandonment and Neglect of Children
- 273a. Willful harm or injury to child; endangering person or health; punishment; conditions of probation
- 273d. Cruel or inhumane corporal punishment or injury of child resulting in traumatic condition; punishment; enhancement for prior conviction; conditions of probation
- 273.5. Willful infliction of corporal injury; violation; punishment
- 273.6 Intentional and knowing violation of court order to prevent harassment, disturbing the peace, or threats or acts of violence; penalties
- Chapter 4. Child Abduction
- Chapter 5. Bigamy, Incest, and the Crime Against Nature
- Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
- Title 11.5 Criminal Threats
- Title 13. Of Crimes Against Property
- Chapter 7. Extortion
- Chapter 8. False Personation and Cheats
- 528.5. Impersonation through Internet Web site or by other electronic means proscribed; Punishment
- 529. Performance of certain acts in false character
- 530. Receiving money or property as result of false personation
- 530.5. Unauthorized use of personal identifying information; Mail theft
- 530.7. Identity theft
- 530.8. Access to information and records related to unauthorized use of identifying information; Statement and request; Petition on failure to produce; Service and hearing; Action for damages or relief; Penalty; Attorney's fees
- 531a. Fraudulent execution or filing of instrument purporting to convey real property
- 532. Fraudulently obtaining money, property or labor
- 532a. False financial statements
- Title 14. Malicious Mischief
- Title 15. Miscellaneous Crimes
- Chapter 1.5. Invasion of Privacy
- Chapter 2. Of Other and Miscellaneous Offenses
- 646.91. Stalking; emergency protective orders; issuance; expiration; service; filing; enforcement; liability; scope of section; punishment
- 646.9. Stalking
- 647. Disorderly conduct
- 653m. Telephone calls or contact by electronic communication device with intent to annoy
- 653.2. Electronic communication device; prohibited distribution or publication of personal identifying information
- Part 6. Control of Deadly Weapons
- Title 2. Weapons Generally
- Division 3.2. Gun Violence Restraining Orders
- Chapter 1. General
- Chapter 2. Temporary Emergency Gun Violence Restraining Order
- Chapter 3. Ex Parte Gun Violence Restraining Order
- 18150. Petition by immediate family member, employer, coworker, teacher, or law enforcement officer, roommate, or individual who has dating relationship or child in common
- 18155. Grounds for gun violence restraining order; examination by court
- 18160. Ex parte gun violence restraining order; contents; service
- 18165. Hearing to determine issuance of restraining order; timeframe
- Chapter 4. Gun Violence Restraining Order Issued After Notice and Hearing
- Division 3.2. Gun Violence Restraining Orders
- Title 4. Firearms
- Title 2. Weapons Generally
- Welfare and Institutions Code
