California Family Code § 3020: Best Interests of the Child

Overview of Section 3020

California Family Code § 3020 sets forth the state’s public policy for determining child custody and visitation. The primary focus is the health, safety, and welfare of the child. It also encourages children to have frequent and continuing contact with both parents after separation or divorce. However, if these two goals conflict, child safety takes precedence. Additionally, custody decisions cannot be based on a parent’s sex, gender identity, gender expression, or sexual orientation.

Practical Examples

  • Shared Custody: When both parents are capable and involved, courts usually aim to provide each with substantial time with the child. A typical result may be joint physical and legal custody with a parenting schedule that maintains stability and frequent contact with both parents.
  • Abuse Allegations: If one parent has a history of abuse or domestic violence, the court will prioritize the child’s safety and may limit or deny that parent’s visitation rights, even if it reduces contact, because the safety of the child outweighs other considerations.
  • Relocation Dispute: A parent wishing to relocate with the child must show that the move is consistent with the child’s best interests. The court will assess whether the move threatens the child’s relationship with the other parent and whether it aligns with the child’s overall welfare.

Key California Court Decisions


  • In re Marriage of Burgess (1996)
     – The California Supreme Court confirmed that while § 3020 encourages frequent contact with both parents, courts have broad discretion to determine custody arrangements based on what is best for the child overall.

  • City & County of San Francisco v. H.H. (2022)
     – The appellate court emphasized that when domestic violence is present, a parent seeking custody must overcome strong statutory presumptions, and courts must prioritize the child’s health and safety per § 3020.

  • Feehan v. Superior Court (2024)
     – This decision reinforced the court’s duty to promote frequent contact with both parents, provided it aligns with the child’s best interests and overall welfare.

Full Text of California Family Code § 3020

(a) The Legislature finds and declares that it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that children have the right to be safe and free from abuse, and that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child.

(b) The Legislature finds and declares that it is the public policy of this state to ensure 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 when the contact would not be in the best interests of the child, as provided in subdivisions (a) and (c) of this section and Section 3011.

(c) When the policies set forth in subdivisions (a) and (b) of this section are in conflict, a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.

(d) The Legislature finds and declares that it is the public policy of this state to ensure that the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative is not considered in determining the best interests of the child.

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