In California, parents are encouraged to come to a custody agreement between themselves outside of court. California courts also require parents to attend at least one court-ordered mediation session to resolve any issues regarding child custody and to create a visitation schedule for the noncustodial parent. If the parents are still unable to come to an agreement after mediation, the court will determine custody of the minor child.
Necessary and Proper
California Family Code Section 3022 grants broad discretion to family courts to determine the custody of a minor child. Under California law, the courts are permitted to make any custody ruling "that seems necessary or proper." With respect to an infant, it is typically necessary and proper to award sole custody to the mother given the child's tender age and the child's needs from the mother. Nursing mothers are almost always given custody of their dependent infants in California.
Best Interests of the Child
When determining custody, California courts also examine the collective best interest of the child. When determining the child's best interests, the courts consider a number of factors including which parent was the primary caretaker of the child, any history of family abuse, the age of the child and the safety, health and welfare of the child. With respect to infants, mothers have typically been the primary care taker of the child and, in the case of nursing infants, custody being awarded to the mother is usually best for the health and welfare of the child. For these reasons, mothers are usually awarded custody of their infants in California.
Other Considerations
If a mother has a history of drug use or abuse, the father or a third party, such as child services, may be awarded custody of an infant. The custody arrangement may be temporary or permanent. In the event the mother is not awarded custody, California law ensures the mother will have "frequent and continuing contact" with the child through regular visitation.
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