What is the test for determining custody of a child during the child's minority?

California, United States of America


The following excerpt is from Marriage Sandra L. Daniel P. v. Los, A143622 (Cal. App. 2016):

A family law court generally retains jurisdiction to make or modify custody orders throughout a child's minority, even after the court enters a judgment of marital dissolution. (Fam. Code, 3022;2 In re Marriage of Kreiss (2004) 122 Cal.App.4th 1082, 1085.) "In making an initial custody determination, the court must make an award that is in accordance with the best interests of the child." (In re Marriage of Loyd (2003) 106 Cal.App.4th 754, 758; 3040, subd. (c).) "When determining the best interest of the child, relevant factors include the health, safety and welfare of the child, any history of abuse by one parent against the child or the other parent, and the nature and amount of contact with the parents. ( 3011.)" (Montenegro v. Diaz, supra, 26 Cal.4th at p. 255.)

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