California Family Law, Key Statutes

California Codes (Family, Civil, Penal, etc.)

Collections of laws passed by the state legislature, which outline the rights, responsibilities, and procedures applicable to individuals in California.

California Rules of Court

Procedural rules adopted by the judiciary that dictate how courts operate and how cases are handled procedurally.

Family Code § 3002

Defines joint custody as joint physical and joint legal custody.

Family Code § 3003

Both parents shall share the right and the responsibility to make decisions relating to health, education, and welfare. (Joint Legal Custody)

Family Code § 3004

Each of the parents shall have significant periods of physical custody. (Joint Physical Custody)

Family Code § 3006

One parent shall have the right and responsibility to make decisions relating to health, education, and welfare. (Sole Legal Custody)

Family Code § 3007

A child shall reside with and be under the supervision of one parent. (Sole Physical Custody)

Family Code § 3010

Both parents are equally entitled to custody (with exceptions).

Family Code § 3011

Factors the court considers when determining what is in the best interest of the child.

Family Code § 3012

Custody rights for detained parents due to immigration issues.

Family Code § 3020

Sex, gender identity, gender expression, or sexual orientation shall not be considered in determining best interests of the child.

Family Code § 3020(b)

Court policy favoring frequent and continuing contact with both parents.

Family Code § 3022.3

Court must state factual and legal reasons for its decision upon request.

Family Code § 3027

Court can take protective actions upon allegations of child abuse.

Family Code § 3040

Identifies custody preferences and relevant factors the court considers.

Family Code § 3041

Court prioritizes parents over non-parents unless detrimental to the child.

Family Code § 3041.5

Court has the power to order any parent to undergo testing for drug use.

Family Code § 3042

Court shall consider the wishes of a child of sufficient age and maturity when determining custody.

California Rules of Court, Rule 5.250

Rules for child testimony regarding parental preference in custody proceedings.

Family Code § 3044

Presumption that granting sole or joint custody to a proven domestic violence perpetrator is not in the best interest of the child.

Family Code § 3046

Court views relocation and absence, considering abandonment intent, in custody determinations.

Family Code § 3062

Court has the power to enter an ex parte temporary custody order.

Family Code § 3063

Court can order a custodial parent not to leave the state with their children.

Family Code § 3064

Ex parte custody orders are only issued when the court finds risk of immediate harm to the child.

Family Code § 3080

Presumption that joint custody is in the best interest when both parties agree.

Family Code § 3081

Outlines the court's power to grant joint custody.

Family Code § 3082

Court shall issue a statement of decision explaining the grant or denial of joint custody.

Family Code § 3083

Court must specify which decisions require consent of both parents under a joint custody order.

Family Code § 3150

Court has the power to appoint private counsel to represent a child in custody proceedings.

Family Code § 3151

Outlines the role and powers of minor's counsel in family law proceedings.

Family Code § 3183

Family Court Custody Mediators meet with parents to assist them in attempting to reach a custody agreement.

Family Code § 3192

Court has the power to order the parties to participate in counseling separately.

Family Code § 3402

Defines terms used in the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).

Family Code § 3421

Factors used to determine which state has jurisdiction over child custody matters.

Family Code § 3422

California's jurisdiction rules for custody cases initiated in another state.

Family Code § 3424

California courts have the power to assert emergency jurisdiction over child custody in certain circumstances.

Family Code § 3427

Courts can decline jurisdiction upon an inconvenient forum determination.

Family Code § 7501

Right of the custodial parent to move away with their child, subject to the court's determination of the child's best interest (Burgess rule).

Family Code § 3601

Child support orders continue until they are terminated by the court.

Family Code § 3602

Child support is unenforceable during reconciliation periods.

Family Code § 3651

Circumstances when support orders may be modified or terminated.

Family Code § 3654

An order modifying or terminating support shall include a statement of decision.

Family Code § 3900

Both parents of a minor child have an equal responsibility to support their child.

Family Code § 3901

Duty to support a child ends when the child completes the 12th grade or attains 19 years of age, whichever occurs first.

Family Code § 3910

Both parents have an equal duty to support an incapacitated adult child.

Family Code § 3930

A parent does not have the duty to support a child of the parent's child (grandchild).

Family Code § 4009

Family courts can make child support orders retroactive to the date of filing the petition or request.

Family Code § 4050/4055

Statewide Guideline Child Support Formula. Section 4050 requires California to comply with federal regulations; section 4055 provides the specific formula the state uses to calculate guideline support.

Family Code § 4052

Court may issue support orders that depart from the guideline amount only in the special circumstances set forth in Article 2 of the Family Code.

Family Code § 4057.5

New-mate income shall not be considered as a basis for increasing or decreasing child support.

Family Code § 4058

Defines the annual gross income of each parent for purposes of child support.

Family Code § 4059

Defines the annual net disposable income of each parent for purposes of child support.

Family Code § 4062

Court shall order as additional child support specified types of costs, including childcare and healthcare expenses.

Family Code § 4064

Court has the power to adjust the child support order for a parent whose income fluctuates.

Family Code § 4066

Child support may be combined with spousal support orders for potential tax benefits.

Family Code § 70

Defines date of separation for purposes of determining length of marriage or domestic partnership.

Family Code § 752

Neither spouse/partner has any interest in the separate property of the other.

Family Code § 760

Defines community property: generally all property acquired by a married person during the marriage while domiciled in California.

Family Code § 770

Defines separate property: property owned before marriage, property acquired after separation, and property acquired by gift or inheritance.

Family Code § 771

A spouse's/partner's earnings and accumulations after the date of separation are their separate property.

Family Code § 852

Requirements for the validity of property transmutations (changes in character of property from community to separate or vice versa).

Family Code § 910

Community property assets can be used to pay a debt incurred by either spouse before or during the marriage.

Family Code § 911

Community property earnings are not liable for debts incurred by a spouse prior to marriage.

Family Code § 913

A married person's separate property is liable for that person's own separate debts.

Family Code § 914

Outlines for which debts a married person is personally liable.

Family Code § 920

A spouse's right of reimbursement and the timeline for asserting that right.

Family Code § 2550

Court has the power to divide the community estate equally between the parties.

Family Code § 2552

Court shall value each party's assets and debts as near as close to the time of trial as practicable.

Family Code § 2640

Reimbursement rights for contributions made by spouses from separate property toward community property.

Probate Code § 5305

Net contribution to a married couple's joint deposit bank account is presumed to be community property.

Family Code § 297

Defines domestic partnerships and the requirements for registration.

Family Code § 297.5

Same rules that apply to marriages apply to registered domestic partnerships.

Family Code § 299.2

Domestic partnerships established in other jurisdictions will be recognized in California.

Family Code § 3044

Creates a presumption that it is against a child's best interest to award sole or joint custody to a parent who has perpetrated domestic violence.

Family Code § 3046

Court shall not negatively view a parent's absence or relocation when it was necessary to flee domestic violence.

Family Code § 6203

Defines the abusive behaviors that constitute domestic violence, including intentional bodily injury, sexual assault, threats of serious bodily injury, and behaviors enjoined under section 6320.

Family Code § 6211

Defines the categories of individuals who may seek protection for abuse/domestic violence, including spouses, cohabitants, dating partners, and family members.

Family Code § 6218

Defines a domestic violence protective order.

Family Code § 6250

Defines an emergency domestic violence protective order (EPO).

Family Code § 6251

Requirements that must be met for a law enforcement officer to request an emergency protective order.

Family Code § 6252.5

Court has the power to prohibit the restrained party from obtaining the address or location of the protected party.

Family Code § 6303

A person who claims to be the victim of domestic violence may choose a support person to accompany them in court proceedings.

Family Code § 6320

Types of abusive conduct that may be the basis for an ex parte order restraining a party.

Family Code § 6320.5

Domestic violence cases must be heard within 20 days of the issuance of a temporary restraining order.

Family Code § 245

The restrained party has the right to request one continuance of a DVRO hearing.

Family Code § 6321

Court has the power to restrain or exclude a party from the family dwelling as part of a DVRO.

Family Code § 6323

Provisions regarding temporary child custody orders in domestic violence proceedings.

Family Code § 6340

Court's ability to issue orders after notice and a hearing in DVRO proceedings, including custody, visitation, and support orders.

Penal Code § 187–646.9

Relevant penal codes frequently referenced in domestic violence situations, including crimes of violence, stalking, and harassment.

Code of Civil Procedure § 685.010

Interest on delinquent support payments accrues at 10% per year.

Family Code § 290

Court has the power to enforce support orders by execution, contempt, or any other remedy available.

Family Code § 4722

Addresses child support that is delinquent 30 days or more and the consequences for the obligor.

Family Code § 5104

Outlines what must be attached to a Writ of Execution for enforcement of a support order.

Family Code § 5230

A party has a right to an earnings assignment order (wage garnishment) upon entry of a support order.

Family Code § 5241

Employers that fail to comply with earnings assignments may be held liable for the unwithheld amounts.

Family Code § 241

An ex parte restraining order may not be granted without notice unless a showing of great or irreparable injury is made.

Family Code § 242

A hearing must take place no later than 25 days after an ex parte restraining order is issued.

Family Code § 243

The restrained party can request one continuance for good cause in a restraining order proceeding.

Family Code § 245

Right to one continuance for good cause, with temporary orders extended during the continuance period.

Family Code § 246

Ex parte requests for restraining orders must be reviewed and granted or denied on the same day they are filed.

Family Code § 2045

Court has the power to issue ex parte orders restraining a party from transferring, encumbering, or dissipating property.

California Rules of Court, Rule 3.1203

A party seeking an ex parte order must notify all applicable parties of the application by 10:00 a.m. the day before the hearing.

California Rules of Court, Rule 3.1204

Outlines the requirements regarding the information that must accompany an ex parte notice.

California Rules of Court, Rule 3.1205

The clerk must not reject an ex parte application for failure to include certain information.

California Rules of Court, Rule 3.1206

Parties appearing at an ex parte hearing must serve supporting papers on the opposing party.

California Rules of Court, Rule 3.1332

Outlines the grounds and procedures the court will consider in connection with a motion to continue a trial date.

Family Code § 210

All procedural and evidence statutes apply to family law proceedings.

Family Code § 215

Post-judgment motions in family law cases may be served on the other party by first-class mail.

Family Code § 2021

Court has the power to order that a person or entity be joined as a party to a family law proceeding.

Family Code § 2050

Parties have the power to transmit to a health, life, or disability insurance carrier a notification of a party's coverage rights.

Family Code § 2320

Residency requirements for filing for divorce or dissolution of domestic partnership in California (6 months in state, 3 months in county).

Family Code § 2337

Requirements for bifurcating marital status from other issues in a dissolution proceeding.

Family Code § 2345

Both parties to a case must consent to legal separation for it to be granted.

Code of Civil Procedure § 664.6

A settlement between parties may be enforced as a judgment by the court.

California Rules of Court, Rule 5.98

Both parties must meet and confer in an attempt to resolve issues prior to any Request for Order hearings.

California Rules of Court, Rule 5.111

Court's requirements for the length, form, format, and content of declarations filed in family law proceedings.

California Rules of Court, Rule 1.201

Pleadings must not contain whole social security or financial account numbers — only the last four digits.

Family Code § 721

Spouses owe each other a fiduciary duty, including a duty of the highest good faith and fair dealing.

Family Code § 1100

Spouses have the equal right to manage and control community property.

Family Code § 1101

Remedies available against a spouse who has breached their fiduciary duty regarding community property.

Family Code § 2100

Parties to a dissolution must provide each other with a full and accurate disclosure of all assets and liabilities in which either has or may have an interest.

Family Code § 2102

Spouses' fiduciary duty continues after separation until all assets and liabilities are properly divided.

Family Code § 2103

Parties to a dissolution must provide each other a preliminary and a final declaration of disclosure.

Family Code § 2104

Information that a party's preliminary declaration of disclosure must contain.

Family Code § 2105

Information that a party's final declaration of disclosure must contain.

Family Code § 2106

Court shall not enter a judgment unless each party has filed confirmation that disclosures were served or agreement to waive final disclosures.

Family Code § 2107

Consequences a party faces if they fail to serve the necessary declarations of disclosure.

Family Code § 2110

Service of final declarations of disclosure is waived in any proceeding that is disposed of by default.

Family Code § 7540

Children born to married partners are presumed to be the children of the marriage.

Family Code § 7541

Within 2 years of a child's birth, a spouse can challenge the presumption of paternity.

Family Code § 7573

Parental rights are granted to those who sign a voluntary declaration of paternity.

Family Code § 7611

Conditions that create the presumption of a parent-child relationship.

Family Code § 7612

Conditions that must be satisfied to rebut a presumption of parentage.

Family Code § 7613

Conditions to establish a parent-child relationship in situations involving artificial conception.

Family Code § 7630

Parties eligible to commence a parentage case in California.

Family Code § 2605

Court has the power to order sole or joint ownership of a community property pet as part of a final dissolution judgment, considering the care of the animal.

Family Code § 1612

Identifies what can and cannot be contained in a premarital agreement.

Family Code § 1614

A premarital agreement may be amended or revoked only by a written agreement signed by both parties.

Family Code § 1615

Circumstances under which a premarital agreement may be deemed unenforceable, including involuntary execution or unconscionability.

Code of Civil Procedure § 415.10

Summons and Petition must be personally served upon the other party.

Code of Civil Procedure § 415.20

Outlines when substitute service (leaving papers with another person at the address) is permitted.

Code of Civil Procedure § 415.30

Conditions that must be met in order to serve a Summons by mail.

Code of Civil Procedure § 415.40

Summons may be served on a person outside California by sending copies via first-class mail, postage prepaid, requiring a return receipt.

Code of Civil Procedure § 415.50

Conditions that must be met in order to conduct service by posting and publication.

Code of Civil Procedure § 1005

Timing requirements for serving motions and requests for orders.

Code of Civil Procedure § 1011

Requirements for serving a party's attorney of record.

Family Code § 215

Requirements for serving post-judgment custody and child support motions by first-class mail.

Family Code § 92

Defines family support as an agreement or order that combines child support and spousal support without designating the amount for each.

Family Code § 142

Defines spousal support as a recurring payment from one spouse to another spouse.

Family Code § 3600

Defines temporary spousal support and child support that may be ordered during pendency of a proceeding.

Family Code § 3653

Family Law courts have the power to make spousal and child support orders retroactive to the date of the filing of the petition or request.

Family Code § 4058

Defines 'gross income' for purposes of determining both child and spousal support.

Family Code § 4301

A person shall support the person's spouse while they are living together.

Family Code § 4320

Multiple factors that the court must consider when ordering permanent spousal support, including the length of marriage, standard of living, and each party's earning capacity.

Family Code § 4323

Statutory presumption of a reduced need for spousal support upon cohabitation with a new partner.

Family Code § 4325

Circumstances under which a court may deny spousal support to a spouse who committed domestic violence against the other spouse.

Family Code § 4330

Court can order spousal support payable for a specified duration.

Family Code § 4331

Court has the power to order a party to submit to an examination for the purpose of evaluating earning capacity.

Family Code § 4334

The supporting party's obligation to pay spousal support terminates upon the happening of a specified contingency, such as remarriage.

Family Code § 4336

Court shall retain jurisdiction over marriages of 'long duration' (generally 10 or more years) even after the support period ends.

Family Code § 4337

Supporting party's obligation to pay spousal support terminates upon the death of either party.

Family Code § 4360

Court has the power to order a spouse to purchase an annuity or life insurance policy to secure spousal support payments.

Family Code § 3100

Court shall grant a parent reasonable visitation rights with a child unless it would be detrimental to the child's best interest.

Family Code § 3101

Court has the power to grant reasonable visitation to a stepparent if in the best interest of the child.

Family Code § 3102

Court has the power to grant reasonable visitation to a deceased parent's relatives if in the best interest of the child.

Family Code § 3103

Court has the power to grant reasonable visitation to a grandparent if in the best interest of the child.