Cal. Codes » Family Code / DIVISION 8. CUSTODY OF CHILDREN / PART 1. DEFINITIONS AND GENERAL PROVISIONS / CHAPTER 2. General Provisions
California Codes

Cal. Family Code § 3010 (2026)

General Provisions — Definitions And General Provisions

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(a)The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child.

(b)If one parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody of the child.

Notes of Decisions
Cited in 15 cases (8 in the last 5 years), 1999–2025 · leading case: Jose Murguia v. Heather Langdon, 61 F.4th 1096 (9th Cir. 2023).
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Jose Murguia v. Heather Langdon, 61 F.4th 1096 (9th Cir. 2023). · cites it 4× “19 In both cases, the state officers restricted this right by threatening arrest or 17 Cal. Fam. Code § 3010 . 18 As we repeatedly recognized in Brittain, “visitation is a lesser interest than legal custody.”
Riverside Cnty. Dep't of Pub. Soc. Servs. v. A.B., 203 Cal. App. 4th 597 (Cal. Ct. App. 2012). “(Fam. Code, §§ 3010, 3040, subd. (a).) Thus a parent “with whom the child was not residing at the time” of the initiation of the dependency, whether or not due to a family law custody order, is presumptively entitled to custody because he or she has not been previously found to…”
People v. Ryan, 76 Cal. App. 4th 1304 (Cal. Ct. App. 1999). · cites it 2× “Code, § 7611), appellant had an equal right to custody of Cleve (Fam. Code, § 3010), despite the lack of a prior judicial determination of his status.”
Siskiyou Cnty. Health & Human Servs. Agency v. A.A. (In re K.L.), 27 Cal. App. 5th 332 (Cal. Ct. App. 2018). “) Family Code, section 3010, expressly provides: "(a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child. [¶] (b) If one parent is dead, is unable or refuses to take…”
In re K.L., No. C079100 (Cal. Ct. App. Sept. 18, 2018). “) Family Code, section 3010, expressly provides: “(a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the custody of the child.”
People v. Singh, 42 Cal. App. 5th 175 (Cal. Ct. App. 2019). “4th 455 , 465–466; Fam. Code, § 3010.) Second, with regard to asportation, we observe the record lacks an exact measurement of the actual distance defendant moved the child.”
Marriage of Lopez, No. G059648 (Cal. Ct. App. Dec. 29, 2021). “ecause (1) the Fourteenth Amendment to the United States Constitution grants him a fundamental right to control the upbringing of his children; (2) his parental rights have been terminated without a finding by clear and convincing evidence; (3) the court’s ruling constitutes…”
People v. Cosso, No. F084748 (Cal. Ct. App. Jan. 4, 2024). “) Family Code section 3010, subdivision (a) provides that a mother and presumed father “are equally entitled to the custody of the child.”
Escobar v. Chase, No. 2:24-cv-00691 (D. Ariz. Apr. 22, 2024). “It is also met because, in California, “all questions of 7 custody of minor children involved in a dissolution of marriage are ongoing until the 8 children reach 18.”
Jose Murguia v. Langdon, No. 1:19-cv-00942 (E.D. Cal. Oct. 1, 2021). “) Plaintiffs attempt to assert that Langdon no 6 longer had custody pursuant to California Family Code § 3010(b), which states that “[i]f one 7 parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is 8 entitled to custody of the…”
Cotti v. California Dep't of Human Servs. Dir., No. 5:18-cv-02980 (N.D. Cal. May 21, 2020). “See Cal. Fam. Code §§ 3010 , 7505. 19 Those provisions do not speak to the rights of a parent who retains legal custody to designate a 20 particular caregiver, and thus do not appear relevant here.”
In re T.D. ca2/4, No. B332467 (Cal. Ct. App. Sept. 19, 2024). “146; Fam. Code, § 3010, subd. (a).) Because the juvenile court did not err in vacating H.”
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Cal. Family Code § 3010(b): 2 cases
Jose Murguia v. Heather Langdon, 61 F.4th 1096 (9th Cir. 2023). “19 In both cases, the state officers restricted this right by threatening arrest or 17 Cal. Fam. Code § 3010 . 18 As we repeatedly recognized in Brittain, “visitation is a lesser interest than legal custody.”
Jose Murguia v. Langdon, No. 1:19-cv-00942 (E.D. Cal. Oct. 1, 2021). “) Plaintiffs attempt to assert that Langdon no 6 longer had custody pursuant to California Family Code § 3010(b), which states that “[i]f one 7 parent is dead, is unable or refuses to take custody, or has abandoned the child, the other parent is 8 entitled to custody of the…”
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