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The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.
(2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080.
California Family Code Section 3020 (b) states, 3020.In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child. (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 30: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent.In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Section 30, and shall not prefer a parent as custodian because of that parent's sex.In these circumstances, the court shall ensure that any order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (b) of Section 6323.
(2) The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation.(d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.