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(b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence.The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons.California however does not currently establish a preference or a presumption for or against joint custody arrangements.: Frequent and Continuing Contact with Both Parents Absent child abuse, domestic violence, or where the contact would not be in the best interest of the child, the family court must promote frequent and continuing contact with both parents such that the parents share the rights and responsibilities of raising their child when the parents divorce or separate.California Family Code Section 3020 (b) states, 3020.(3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.(b) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.
If neither parent is granted custody, then the court may look towards the person's home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child.
(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as provided in Section 3011.