What is the test for determining the best interest of the child in a custody and visitation case?

In child custody and visitation determinations, the overarching concern is the best interest of the child. (Montenegro v. Diaz, (2001) 26 Cal.4th 249, 255.) When determining the best interest of the child, factors the court must consider include the health, safety and welfare of the child, any history of abuse by one parent against the child or the other parent, the nature and amount of contact with the parents, and the habitual or continual illegal use of controlled substances. ( 3011; Montenegro, supra, at p. 255.) The court must also consider "which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent . . . ." ( 3040, subd.

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