The legislature of California has stated that it is the public policy of the State of California to ensure that minor children have frequent and continuing contact with both parents after their separation. The public policy of the State of California further encourages parents to share the rights and responsibilities of raising their children, except when that contact would not serve the best interest of the children.

The family law courts generally have broad discretion to determine what custody arrangement serves the best interest of the children. Custody of the minor children must be awarded according to the child's best interest. It may generally not be awarded by reference to either of the parent's interest or to punish one parent. It is also the public policy of the State of California to ensure that every child's health, safety, and welfare are the court's primary concern in determining what is in the child's best interests when making legal custody and visitation orders.

This includes including providing an environment for the child that is free from child abuse and domestic violence.

When one parent is awarded sole physical custody of the children, the other parent must be awarded reasonable visitation with the children unless such an visitation would not serve the best interest of the children. Child custody and visitation orders may be modified for as long as the child is a minor. Once a court action has been filed involving the minor children, the court shall retain jurisdiction over the children. A custody order terminates when the minor child attains the age of 18, dies or becomes emancipated.