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HomeFamily CodeDiv. 8Pt. 2Ch. 7§ 3120 Child Custody Without Divorce

§ 3120 Child Custody Without Divorce

Family Code·California
AI Summary·Official Text·Related Statutes·References
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§ 3120 Child Custody Without Divorce

A spouse can ask the court for sole custody of the children even if they haven’t filed for divorce or legal separation.

Key Takeaways

  • •You don’t need a divorce or legal separation to request sole custody.
  • •The court can order support, care, education, and control of the kids based on parents’ natural rights and the children’s best interest.
  • •Those orders can be changed or ended later if the parents’ rights or the children’s needs change.

Example

John and Mary are still married, but John wants to be the only parent who makes decisions for their kids.

John can go to court and ask for exclusive custody. The judge can then set rules about child support, care, schooling, and who controls the kids, based on what’s fair to the parents and best for the children. If things change later, the court can modify or end those rules.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3120 Child Custody Without Divorce

Without filing a petition for dissolution of marriage or legal separation of the parties, a spouse may bring an action for the exclusive custody of the children of the marriage. The court may, during the pendency of the action, or at the final hearing thereof, or afterwards, make such order regarding the support, care, custody, education, and control of the children of the marriage as may be just and in accordance with the natural rights of the parents and the best interest of the children. The order may be modified or terminated at any time thereafter as the natural rights of the parties and the best interest of the children may require.

Last verified: February 26, 2026

Related Statutes

  • § 2080 Name Restoration In Divorce
  • § 2081 Name Restoration Rights
  • § 2082 Name Change Common Law
  • § 3121 Court Ordered Attorney Fees
  • § 3750 Dependent Child Health Coverage

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 3120.
View Official Source