Bill Text: CA SB495 | 2019-2020 | Regular Session | Introduced

California Senate Bill 495 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Child custody.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2019-10-07 - Chaptered by Secretary of State. Chapter 551, Statutes of 2019. [SB495 Detail]

Download: California-2019-SB495-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 495

Introduced by Senator Durazo

February 21, 2019

An act to amend Section 3040 of the Family Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

SB 495, as introduced, Durazo. Child custody.

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law provides that custody should be granted according to the best interest of the child in a specified order of preference. Existing law prescribes that the immigration status of a parent, legal guardian, or relative may not disqualify that person from receiving custody.

This bill would additionally provide that the sexuality or gender identity of a parent, legal guardian, or relative may not disqualify that person from receiving custody.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3040 of the Family Code is amended to read:

3040.

(a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020:

(1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020, and shall not prefer a parent as custodian because of that parent’s sex. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.

(3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

(b) The immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a).

(c) The sexuality or gender identity of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a).
~~(c)~~

(d) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.

~~(d)~~

(e) In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child’s need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020.