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SB-1364 • 2026

Child custody.

Child custody.

Children Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Menjivar
Last action
2026-04-20
Official status
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide details on how courts should handle cases without convictions but with clear and convincing evidence.

Child Custody Rules

This law requires courts to consider nonconsensual sexual conduct leading to a child's conception when deciding custody and visitation rights.

What This Bill Does

  • Requires courts to take into account abuse that led to the child's conception when determining what is best for the child.
  • Prohibits someone from getting custody or visitation if there is clear evidence they engaged in nonconsensual sex resulting in the child’s birth.
  • Creates a presumption against granting custody to someone who committed sexual assault leading to the child's conception, which can only be overturned with strong proof otherwise.
  • Allows actions to declare no parent-child relationship if the child was conceived due to sexual assault and the father is convicted of it.
  • Changes rules about presumed parents when there's evidence of a sexual assault against the mother that led to the child’s birth.

Who It Names or Affects

  • Courts deciding custody cases
  • Parents involved in nonconsensual sex leading to conception
  • Children conceived due to sexual assault

Terms To Know

Clear and convincing evidence
A high standard of proof that shows something is highly likely to be true.
Rebuttable presumption
An assumption made by the court that can be challenged with strong evidence.

Limits and Unknowns

  • The bill does not specify how courts should handle cases where there is no conviction but clear and convincing evidence of nonconsensual sexual conduct.
  • It's unclear if this law will change existing custody arrangements or only apply to future cases.
  • The exact impact on families and children involved in these situations remains uncertain.

Bill History

  1. 2026-04-20 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  2. 2026-04-10 California Legislative Information

    Set for hearing April 28.

  3. 2026-03-04 California Legislative Information

    Referred to Com. on JUD.

  4. 2026-02-23 California Legislative Information

    Read first time.

  5. 2026-02-23 California Legislative Information

    From printer. May be acted upon on or after March 23.

  6. 2026-02-20 California Legislative Information

    Introduced. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 1364, as amended, Menjivar.
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 governs the determination of child custody and visitation in contested proceedings. Existing
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
granted custody of, or visitation with, a child if
there is clear and convincing evidence that the person engaged in a nonconsensual sexual conduct and the child was conceived as a result of that conduct.
the person has been convicted of an act of sexual assault, as defined, and the child was conceived as a result of, or born within 300 days after, that act against the mother. Upon a finding by the court, by clear and convincing evidence, that a party seeking custody of a child perpetrated an act of sexual assault that resulted in the conception of the child, the bill would create a rebuttable presumption that an award of sole or joint physical or legal custody of the child is detrimental to the best interests of the child, which may only be rebutted by clear and convincing evidence to the contrary.
Existing law, the Uniform Parentage Act, prescribes various circumstances under which an action may be brought for the purpose of determining the existence or nonexistence of a parent and child relationship and specifies when and by whom the action may be
brought.
This bill would authorize an action to be brought to declare the nonexistence of the parent and child relationship to be brought at any time if the child was conceived as a result of a sexual assault and the father was convicted of that violation.
The Uniform Parentage Act defines the “parent and child relationship” as the legal relationship existing between a child and the child’s parents, including determining who is a presumed parent. Under existing law, a person is presumed to be the natural parent of a child if they satisfy certain criteria, including, among other things, that the presumed parent and the child’s natural mother are, or have been, married to each other and the child is born during
the marriage or within 300 days after the marriage is terminated. Existing law specifies exceptions to those presumptions, including if the child was conceived as a result of rape or unlawful intercourse, as specified.
This bill would instead make that presumption inapplicable if the father was convicted of, or is found by clear and convincing evidence to have committed, a sexual assault against the child’s mother and the child was conceived as a result of, or born within 300 days after, the sexual assault unless, after the date of the sexual assault, the child’s natural mother and the father voluntarily share the rights and responsibilities of rearing the child.
Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either
or both parents if the child’s parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider the parent’s criminal record prior to the felony conviction for these purposes. Existing law authorizes the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of rape and the father was convicted of that violation.
This bill would instead authorize the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of, or born within 300 days after, an act of sexual assault, or a violation of a similar statute in another jurisdiction where the act occurred, against the mother of the child and the father was convicted of, or is found by clear and convincing evidence to have committed, that
act.

Current Bill Text

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