On what basis must a court consider in determining the best interest of the minor child in a custody and visitation matter?

California, United States of America


The following excerpt is from A.G. v. C.S., 201 Cal.Rptr.3d 552, 246 Cal.App.4th 1269 (Cal. App. 2016):

on the best interest of the minor child. (Burchard v. Garay (1986) 42 Cal.3d 531, 534, 229 Cal.Rptr. 800, 724 P.2d 486.) Family Code section 3011 lists specific factors, among others, that the trial court must consider in determining the best interest of the child in a proceeding to determine custody and visitation: (a) The health, safety, and welfare of the child. [] (b) Any history of abuse by one parent [against any child of the parent; the other parent; or a parent, current spouse, or cohabitant, of the parent seeking custody]. [] (c) The nature and amount of contact with both parents.... [[] and (d) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent.] " (In re Marriage of Burgess, supra, 13 Cal.4th at pp. at 3132, 51 Cal.Rptr.2d 444, 913 P.2d 473, original italics.)

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