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Joint or sole custody may be awarded based on the best interests of the child and the following factors:
(1) the preference of the child, if the child is of sufficient age and capacity; (2) the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent; (3) the child's health, safety, and welfare; (4) any history of child or spouse abuse by anyone seeking custody or who has had any care taking relationship with the child, including anyone dating the parent; (5) the nature and amount of contact with both parents; and (6) any habitual and continued use of alcohol or ilLegal controlled substances.
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
(1) to both parents jointly; (2) to either parent; (3) to the person in whose home the child has been living; or (4) to any other person deemed by the court suitable to provide adequate and proper care and guidance for the child.
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child. [Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
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