Child custody.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Enrolled
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill modifies California family law regarding child custody and parentage determinations. It requires courts to consider allegations of abuse, including sexual assault, that resulted in the conception of a child when determining the best interests of the child. The bill also alters the presumption regarding parentage when a father has been convicted of sexual assault, creating a rebuttable presumption of detrimental custody if the assault led to the child’s conception or birth within 300 days. Furthermore, it changes the Uniform Parentage Act to allow for a declaration of non-parentage to be brought if a child was conceived as a result of sexual assault and the father was convicted.
Key provisions
- Requires courts to consider abuse (including sexual assault) that resulted in conception when determining child custody.
- Creates a rebuttable presumption that sole or joint physical or legal custody is detrimental if a parent is convicted of sexual assault leading to conception or birth within 300 days.
- Modifies the Uniform Parentage Act to allow for a declaration of non-parentage if a child was conceived as a result of sexual assault and the father was convicted.
- Alters the presumption regarding parentage when a father is convicted of sexual assault, particularly if the child was conceived as a result or born within 300 days.
- Specifies that a person cannot be granted custody or visitation if convicted of rape and the child was conceived as a result.
- Requires independent corroboration for allegations of abuse.
- Addresses the consideration of criminal records in custody proceedings.
Bill text
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