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(b) Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.As a prerequisite to the consideration of allegations of abuse, the court may require substantial independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence.The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons.California however does not currently establish a preference or a presumption for or against joint custody arrangements.As used in this subdivision, "controlled substances" has the same meaning as defined in the California Uniform Controlled Substances Act, Division 10 (commencing with Section 11000) of the Health and Safety Code.(e) (1) Where allegations about a parent pursuant to subdivision (b) or (d) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody to that parent, the court shall state its reasons in writing or on the record.As used in this subdivision, "abuse against a child" means "child abuse" as defined in Section 11165.6 of the Penal Code and abuse against any of the other persons described in paragraph (2) or (3) means "abuse" as defined in Section 6203 of this code.
When Frequent and Continuing Contact Conflicts with Health, Safety, and Welfare of the Child When frequent and continuing contact with both parents is in conflict with the health, safety, and welfare of the child in a child custody and visitation determination, the family court must first ensure the health, safety, and welfare of the child and all family matters.(d) The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.