The court considers several factors in determining child custody, including the child’s health, safety, and welfare, the child’s relationship with each parent, the ability of each parent to care for the child, and any history of domestic violence, among others. The factors in California are set forth in Family Code §§ 3011, 3020 and 3040.

Family Code §§ 3020 and 3040 create a mandate for the Court to consider which parent is “more likely to facilitate frequent and continuing contact with the other parent” – as a significant factor. The core of Family Code §3020 puts parents on Notice that they are expected to work together in raising their child(ren) – it’s called co-parenting.