Plain English Breakdown
The effective date is listed as January 1, 2027 in the bill summary for new filings, but no final executive action or specific enactment date is provided in the source material.
California Equal Shared Parenting Act
This law creates a rule that courts should assume equal parenting time is best for children in new custody cases filed on or after January 1, 2027, if both parents are fit and live within 25 miles of the child's school.
What This Bill Does
- Establishes a presumption that equal parenting time serves the child's best interest starting January 1, 2027.
- Requires both parents to be found fit, willing, and able to parent for this rule to apply.
- Limits the rule to cases where both parents live within 25 miles of the child's primary school or educational institution.
- Allows courts to deny equal time if clear evidence shows it harms the child due to issues like a history of substantiated domestic abuse.
- Requires judges to write down their reasons and list specific evidence when they decide against equal parenting time.
Who It Names or Affects
- Parents involved in new child custody cases filed on or after January 1, 2027.
- Courts that make decisions about how much time children spend with each parent.
Terms To Know
- Rebuttable presumption
- A rule the court must follow unless someone proves it should not apply in a specific case.
- Clear and convincing evidence
- Proof that is strong enough to make the judge believe the facts are highly likely true.
Limits and Unknowns
- The law only applies to custody cases filed on or after January 1, 2027.
- Equal time is not required if parents live more than 25 miles from the child's primary school or educational institution.
- Courts can still deny equal time if they find evidence of harm to the child.