- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill would establish a presumption of equal shared parenting (50/50 custody) as the default in California family law, giving both parents equal authority and decision-making rights over their children.
Law Today
California law currently provides that joint custody is presumed to be in the best interest of a child, and establishes a policy encouraging parents to share rights and responsibilities of child rearing after separation, except where contact would not be in the child's best interest.
If Passed
Starting in 2027, when both parents are fit and willing to parent and live within 25 miles of the child's school, courts would presume that equal parenting time (roughly 50-50 custody split) is best for the child, unless one parent proves by clear and convincing evidence that such an arrangement harms the child—for example, due to documented domestic violence, substance abuse, or refusal to support the child's relationship with the other parent. This shifts the legal default toward equal custody unless a parent can demonstrate serious grounds against it.
AI-generated from the bill text — verify against the official text.
Should I support this?
- Strongly Oppose
- Likely Oppose
- Neutral
- This billLikely Support
- Strongly Support
Likely Support
This bill strengthens parental rights by presuming that both fit parents should have substantial time with their children, protecting the interests of Christian families who value both maternal and paternal involvement in raising children. The presumption is rebuttable and includes clear exceptions for genuine safety concerns, so it does not override protection of children from abuse; rather, it shifts the burden away from the common pattern of one parent being relegated to minimal contact unless they fight hard in court.
AI assessment using F3’s editorial criteria — faith, family, and freedom. This is F3’s policy judgment; verify the provisions in the official bill text.
Likely supporters & opponents
Likely support
- Parental-rights advocacy organizations — Equal parenting time protects the right of both mothers and fathers to maintain meaningful relationships with their children after separation and reduces the ability of one parent to use custody as leverage.
- Family-law reform groups — A clear presumption reduces courtroom conflict, makes outcomes more predictable, and encourages parents to cooperate rather than fight over custody.
- Religious and traditional-family organizations — Strengthens the bond between children and both parents, reflecting the value of intact family relationships and the role of both mother and father in a child's upbringing.
Likely opposition
- Child-advocacy and domestic-violence organizations — A rigid equal-time presumption may override case-by-case assessments of safety and could expose children to harm in homes with abuse, requiring victims to prove abuse at a high legal threshold.
- Family-law practitioners representing lower-income or vulnerable parents — Equal parenting time may be impractical for working parents or those with economic hardship, and the 25-mile proximity requirement may disadvantage parents who must relocate for employment or safety.
AI-inferred typical positions based on the bill’s substance — general stakeholder categories, not confirmed endorsements.
Official summary
An act to add Section 3040.1 of the Family Code, relating to family law.
Sponsors
- Natasha Johnson (R)
Status timeline
- 2026-03-02Referred to Com. on JUD.A
- 2026-02-14From printer. May be heard in committee March 16.A
- 2026-02-13Read first time. To print.A
H = House · S = Senate · A = Assembly