California Equal Shared Parenting Act.

Plain English Breakdown

Checked against official source text during the last sync.

California Equal Shared Parenting Act

This act establishes a presumption that children should spend equal time with both parents after their parents separate, unless there is clear proof that it would harm the child.

What This Bill Does

• Creates a rule that says if two parents are fit and live close to their child's school, they should share parenting time equally.
• Allows courts to decide not to give equal parenting time if it finds that shared time could hurt the child because of abuse or other harmful situations.
• Requires judges to write down why they deny equal parenting time and explain what evidence supports this decision.

Who It Names or Affects

• Parents who are getting a divorce or separating and have children together.
• Courts that decide on custody arrangements for children after their parents separate.

Terms To Know

rebuttable presumption

A rule that can be changed if there is strong evidence against it.

clear and convincing evidence

Evidence that shows something is highly likely to be true, more than just a simple belief or guess.

Limits and Unknowns

• The bill only applies to custody cases filed on or after January 1, 2027.
• It does not change how courts handle child custody before this date.

Official Summary Text

AB 1978, as introduced, Johnson.
California Equal Shared Parenting Act.
Existing law provides that it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents have ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child, as specified. Existing law provides for proceedings to determine the custody of a child, and establishes a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, as specified.
This bill would, for child custody proceedings filed on or after January 1, 2027, establish a rebuttable presumption that equal parenting time is in the best interest of the child if (1) both parents are found fit, willing, and able to parent and (2)
both parents reside within 25 miles of the child’s primary school or educational institution. The bill would authorize the court to deny equal parenting time if it finds by clear and convincing evidence that shared parenting time is not in the interest of the child due to circumstances that are detrimental to the child, including, but not limited to, a history of substantiated domestic abuse. The bill would require any decision to deny equal parenting time to be substantiated in writing and specify the evidence relied upon.

Current Bill Text

Download Bill PDF