Legal Question in Family Law in California

California Family Code 3041(b) & 3040 (a)(3)

3041. (a) Before making an order granting custody to a person or

persons other than a parent, over the objection of a parent, the

court shall make a finding that granting custody to a parent would be

detrimental to the child and that granting custody to the nonparent

is required to serve the best interest of the child. Allegations that

parental custody would be detrimental to the child, other than a

statement of that ultimate fact, shall not appear in the pleadings.

The court may, in its discretion, exclude the public from the hearing

on this issue.

(b) Subject to subdivision (d), a finding that parental custody

would be detrimental to the child shall be supported by clear and

convincing evidence.

(c) As used in this section, "detriment to the child" includes the

harm of removal from a stable placement of a child with a person who

has assumed, on a day-to-day basis, the role of his or her parent,

fulfilling both the child's physical needs and the child's

psychological needs for care and affection, and who has assumed that

role for a substantial period of time. A finding of detriment does

not require any finding of unfitness of the parents.

(d) Notwithstanding subdivision (b), if the court finds by a

preponderance of the evidence that the person to whom custody may be

given is a person described in subdivision (c), this finding shall

constitute a finding that the custody is in the best interest of the

child and that parental custody would be detrimental to the child

absent a showing by a preponderance of the evidence to the contrary.

3040. (a) Custody should be granted in the following order of

preference according to the best interest of the child as provided in

Sections 3011 and 3020:

(3) To any other person or persons deemed by the court to be

suitable and able to provide adequate and proper care and guidance

for the child.

What does that mean in English?

1 Answer from Attorneys

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