California legislation · 2025-2026 Regular Session
California SB1364: Child custody.
Status: Chaptered, September 30, 2026
What the bill says
An act to amend Sections 3011, 3030, 7611.5, 7630, and 7825 of, and to add Section 3044.1 to, the Family Code, relating to child custody. child custody Child custody. Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child and a history of abuse by a parent or another person seeking custody against specified individuals, including the other parent…
From the chaptered text, September 30, 2026:
An act to amend Sections 3011, 3030, 7611.5, 7630, and 7825 of, and to add Section 3044.1 to, the Family Code, relating to child custody. child custody Child custody. Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child and a history of abuse by a parent or another person seeking custody against specified individuals, including the other parent. As a prerequisite to considering an allegation of abuse, existing law authorizes the court to consider written reports from specified entities, including law enforcement and child protective services. Existing law prohibits the court from considering a person’s sex, gender identity, gender expression, or sexual orientation when determining the best interests of the child. The bill would also require the court to consider abuse that resulted in the conception of the child when determining the best interests of the child. Existing law prohibits a person from being granted physical or legal custody of, or visitation with, a child if the person has been convicted of rape and the child was conceived as a result of that violation. This bill, instead, would prohibit a person from being …