“The best interest of the child is the overriding concern in custody determinations under the Family Code. The health, safety, and welfare of children are the court’s primary concern in determining the best interests of children when making orders regarding their custody and visitation. [Fam. Code, § 3020, subd. (a)] The perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child. [Fam. Code, § 3020, subd. (a)] On the other hand, Fam. Code, § 3020, subd. (b) declares the public policy of assuring children frequent and continuing contact with both parents after a marital separation or dissolution, and encouraging the parents to share in child-rearing. In the event that these policies set forth in Fam. Code, § 3020, subds. (a) and (b), are in conflict, a court’s order regarding custody or visitation must be made to ensure the health, safety, and welfare of the child and the safety of all the family members. [Fam. Code, § 3020, subd. (c) declares the public policy of assuring minor children frequent and continuing contact with both parents after a marital separation or dissolution, and encouraging the parents to share in child-rearing, except where contact with both parents would not be in the child’s best interest. For further discussion of parent-child contact] Fam. Code, § 3040 establishes an “order of preference according to the best interest of the child” among potential candidates for assuming custody [Fam. Code, § 3040, subd. (a)], while allowing “the court and the family the widest discretion to choose a parenting plan which is in the best interest of the child” [Fam. Code, § 3040, subd. (b)]”
“Fam. Code, § 3011 requires consideration of four factors in every case: the child’s health, safety and welfare [Fam. Code, § 3011, subd. (a)]; any history of abuse by a parent or any other person seeking custody [Fam. Code, § 3011, subd. (b)]; the nature and amount of contact with both parents [Fam. Code, § 3011, subd. (c)]; and the illegal use of substances or the habitual or continual abuse of alcohol by either parent. [Fam. Code, § 3011, subd. (d)] Unless the parties have stipulated in writing or on the record regarding custody or visitation, when allegations about a parent’s history of abuse or habitual or continual use of controlled substances or alcohol [See Fam. Code, § 3011, subd. (d)] have been brought to the attention of the court in the current proceeding, the court that makes an order for sole or joint custody to such parent must state its reasons in writing or on the record. Also, under these circumstances, the court must ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as required under Fam. Code, § 6323, subd. (b). [Fam. Code, § 3011, subd. (e)]”
“The question of the child’s best interest is determined solely from the standpoint of the child; the feelings and desires of the contestants are not considered except to the extent they affect the child’s best interest. [In re Marriage of Russo, 21 Cal. App. 3d 72, 98 Cal. Rptr. 501 (1st Dist. 1971)] It is reversible error to base a custody award on considerations other than what is best for the child. [In re Marriage of Stoker, 65 Cal. App. 3d 878, 135 Cal. Rptr. 616 (2d Dist. 1977) (reversing award based on coercive conduct of one parent toward the other)]”
[California Civil Practice Family Law Litigation [certain citations omitted]]
