Senate BillChaptered/SignedFamily
SB 1364: Child custody.
What SB 1364 does, verified October 2, 2026
<blockquote> <p>The bill amends California's family code to address child custody determinations involving sexual assault. It requires courts to consider abuse leading to a child’s conception when deciding custody based on the best interests of the child. The bill prohibits granting custody or visitation rights to individuals convicted of sexual assault resulting in the child's conception or birth within 300 days, creating a rebuttable presumption that such an award is detrimental to the child's welfare.</p> <p>Additionally, it allows actions to declare nonexistence of parent-child relationships if the child was conceived due to a sexual assault and the father was convicted. It also modifies presumptions about paternity when a child is conceived as a result of a sexual assault unless the mother and father voluntarily share responsibilities after the assault.</p> </blockquote>
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Last action: Chaptered by Secretary of State. Chapter 848, Statutes of 2026. (2026-09-30)Alert me
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| Sep. 30, 2026 | Chaptered by Secretary of State. Chapter 848, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Aug. 28, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 24, 2026 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Aug. 20, 2026 | Read third time. Passed. (Ayes 78. Noes 0. Page 6297.) Ordered to the Senate. |
Latest bill textChaptered version, September 30, 2026 · 4,188 words
Senate Bill No. 1364
CHAPTER 848
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.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1364, 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 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 the person has been convicted of an act of sexual assault, as defined, and either the child was conceived as a result of the act or born within 300 days after the act, and the act was one that could result in the conception of a child. 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, as defined, 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 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 creates 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, an act of sexual assault against the child’s mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, 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 a 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. Existing law creates a conclusive presumption that the father is unfit to have custody or control of the child if the father is convicted of rape and the child was conceived as a result of that rape.
This bill would also 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 an act of sexual assault, as specified. The bill would create a conclusive presumption that the father of the child is unfit to have custody or control of the child if the father is found, by clear and convincing evidence, to have committed an act of sexual assault against the mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, except as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 3011 of the Family Code is amended to read:3011.
(a) In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:(1) The health, safety, and welfare of the child.
(2) (A) A history of abuse by one parent or another person seeking custody against any of the following:
(i) A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.
(ii) The other parent, including abuse that resulted in conception of the child.
(iii) A parent, current spouse, or cohabitant of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
(B) (i) As a prerequisite to considering an allegation of abuse, the court may require independent corroboration, including, but not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of sexual assault or domestic violence.
(ii) As used in this paragraph, the following definitions shall apply:
(I) “Abuse against a child” means “child abuse or neglect” as defined in Section 11165.6 of the Penal Code.
(II) “Abuse against any other person” described in clause (ii) or (iii) of subparagraph (A) means “abuse” as defined in Section 6203.
(3) The nature and amount of contact with both parents, including as provided in Sections 3046 and 3100.
(4) (A) The habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent. Before considering these allegations, the court may first require independent corroboration, including, but not limited to, written reports from law enforcement agencies, courts, probation departments, social welfare agencies, medical facilities, rehabilitation facilities, or other public agencies or nonprofit organizations providing drug and alcohol abuse services.
(B) As used in this paragraph, “controlled substances” has the same meaning as defined in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(5) (A) If an allegation about a parent pursuant to paragraph (2) or (4) has been brought to the attention of the court in the current proceeding and the court makes an order for sole or joint custody or unsupervised visitation to that parent, the court shall state its reasons in writing or on the record that the order is in the best interests of the child and protects the safety of the parties and the child. In these circumstances, the court shall ensure that an order regarding custody or visitation is specific as to time, day, place, and manner of transfer of the child as set forth in subdivision (c) of Section 6323.
(B) This paragraph does not eliminate the requirement that the contents of the stipulation be in the best interests of the child and be specific as to time, day, place, and manner of transfer of the child if the parties stipulate in writing or on the record regarding custody or visitation.
(b) Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.
SEC. 2.
Section 3030 of the Family Code is amended to read:3030.
(a) (1) A person shall not be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be registered as a sex offender under Section 290 of the Penal Code and the victim was a minor or if the person has been convicted under Section 273a, 273d, or 647.6 of the Penal Code unless the court finds that there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides or be permitted to have unsupervised visitation with that person unless the court states the reasons for its findings in writing or on the record.(2) A person shall not be granted physical or legal custody of, or unsupervised visitation with, a child if anyone residing in the person’s household is required, as a result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code unless the court finds there is no significant risk to the child and states its reasons in writing or on the record. The child may not be placed in a home in which that person resides or be permitted to have unsupervised visitation with that person unless the court states the reasons for its findings in writing or on the record.
(3) The fact that a child is permitted unsupervised contact with a person who is required, as a result of a felony conviction in which the victim was a minor, to be registered as a sex offender under Section 290 of the Penal Code shall be prima facie evidence that the child is at significant risk. When making a determination regarding significant risk to the child, the prima facie evidence shall constitute a presumption affecting the burden of producing evidence. However, this presumption shall not apply if there are factors mitigating against its application, including whether the party seeking custody or visitation is also required, as the result of a felony conviction in which the victim was a minor, to register as a sex offender under Section 290 of the Penal Code.
(b) A person shall not be granted custody of, or visitation with, a child if the person has been convicted of sexual assault, as defined in Section 11165.1 of the Penal Code, or a similar statute in another jurisdiction where the act occurred, and either of the following are true:
(1) The child was conceived as a result of the act of sexual assault.
(2) The child was born within 300 days after the act of sexual assault, and the act was one that could result in the conception of a child.
(c) (1) A person shall not be granted custody of, or unsupervised visitation with, a child if the person has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child who is the subject of the order unless the court finds that there is no risk to the child’s health, safety, and welfare and states the reasons for its finding in writing or on the record. In making its finding, the court may consider, among other things, the following:
(A) The wishes of the child, if the child is of sufficient age and capacity to reason so as to form an intelligent preference.
(B) Credible evidence that the convicted parent was a victim of abuse, as defined in Section 6203, committed by the deceased parent. That evidence may include, but is not limited to, written reports by law enforcement agencies, child protective services or other social welfare agencies, courts, medical facilities, or other public agencies or private nonprofit organizations providing services to victims of domestic abuse.
(C) Testimony of an expert witness, qualified under Section 1107 of the Evidence Code, that the convicted parent experiences intimate partner battering.
(2) Unless and until a custody or visitation order is issued pursuant to this subdivision, a person shall not permit or cause the child to visit or remain in the custody of the convicted parent without the consent of the child’s custodian or legal guardian.
(d) The court may order child support that is to be paid by a person subject to subdivision (a), (b), or (c) to be paid through the local child support agency, as authorized by Section 4573 and Division 17 (commencing with Section 17000).
(e) The court shall not disclose, or cause to be disclosed, the custodial parent’s place of residence, place of employment, or the child’s school unless the court finds that the disclosure would be in the best interests of the child.
SEC. 3.
Section 3044.1 is added to the Family Code, to read:3044.1.
(a) 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, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to the person who perpetrated the sexual assault is detrimental to the best interests of the child pursuant to Sections 3011 and 3020. This presumption may only be rebutted by clear and convincing evidence that sole or joint physical or legal custody of the child is in the best interests of the child.(b) For purposes of this section, an act of sexual assault results in conception if either of the following are true:
(1) The child was conceived as a result of the act of sexual assault.
(2) The child was born within 300 days after the act of sexual assault, and the act was one that could result in the conception of a child.
(c) As used in this section, “sexual assault” has the same meaning as defined in Section 11165.1 of the Penal Code or a similar statute in another jurisdiction where the action occurred.
SEC. 4.
Section 7611.5 of the Family Code is amended to read:7611.5.
(a) Notwithstanding Section 7611, a man shall not be presumed to be the natural father of a child if the father was convicted of, or is found, by clear and convincing evidence, to have committed, an act of sexual assault against the mother and either of the following are true:(1) The child was conceived as a result of the act of sexual assault.
(2) The child was born within 300 days after the act of sexual assault, and the act was one that could result in the conception of a child.
(b) This section does not apply if, 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, including frequent and continuing contact with the child.
(c) As used in this section, “sexual assault” has the same meaning as defined in Section 11165.1 of the Penal Code or a similar statute in another jurisdiction where the act occurred.
SEC. 5.
Section 7630 of the Family Code is amended to read:7630.
(a) A child, the child’s natural mother, a person presumed to be the child’s parent under subdivision (a), (b), or (c) of Section 7611, a person seeking to be adjudicated as a parent or donor under Section 7613, an adoption agency to which the child has been relinquished, or a prospective adoptive parent of the child may bring an action as follows:(1) At any time for the purpose of declaring the existence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 or established pursuant to Section 7613.
(2) For the purpose of declaring the nonexistence of the parent and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, parentage of the child by another person may be determined in the same action if that person has been made a party.
(3) At any time for the purpose of declaring the nonexistence of the parent and child relationship of a donor under Section 7613.
(4) At any time for the purpose of declaring the nonexistence of the parent and child relationship under Section 7611.5.
(b) An interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship presumed under subdivision (d) or (e) of Section 7611.
(c) Except as to a case coming within Chapter 1 (commencing with Section 7540) of Part 2 or if paragraph (2) of subdivision (a) applies, an action to determine parentage may be brought by any of the following:
(1) The child or a personal representative of the child.
(2) The Department of Child Support Services.
(3) A presumed parent or the personal representative or parent of that presumed parent if that parent has died or is a minor.
(4) If the natural mother is the only presumed parent, or an action under Section 300 of the Welfare and Institutions Code or adoption is pending, a man alleged or claiming to be the father or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.
(d) (1) If a proceeding has been filed under Chapter 2 (commencing with Section 7820) of Part 4, an action under subdivision (a) or (b) shall be consolidated with that proceeding. The parental rights of the presumed parent shall be determined as set forth in Chapter 2 (commencing with Section 7820) of Part 4.
(2) If a proceeding pursuant to Section 7662 has been filed under Chapter 5 (commencing with Section 7660), an action under subdivision (c) shall be consolidated with that proceeding. The parental rights of the alleged father shall be determined as provided in Section 7664.
(3) A consolidated action under paragraph (1) or (2) shall be heard in the court in which the proceeding under Section 7662 or Chapter 2 (commencing with Section 7820) of Part 4 is filed unless the court finds, by clear and convincing evidence, that transferring the action to the other court poses a substantial hardship to the petitioner. Mere inconvenience does not constitute a sufficient basis for a finding of substantial hardship. If the court determines there is a substantial hardship, the consolidated action shall be heard in the court in which the parentage action is filed.
(e) (1) If a prospective adoptive parent who has physical custody of the child, a licensed California adoption agency that has legal custody of the child or to which the mother proposes to relinquish the child for adoption, or a person whom the mother has designated as the prospective adoptive parent in a written statement executed before a hospital social worker, an adoption service provider, an adoption agency representative, or a notary public has not been joined as a party to an action to determine the existence of a parent and child relationship under subdivision (a), (b), or (c), or an action for custody by a person claiming to be a parent under this division, the court shall join the prospective adoptive parent or licensed California adoption agency as a party upon application or on its own motion without the necessity of a motion for joinder. A joined party is not required to pay a fee in connection with this action.
(2) If a person brings an action to determine parentage and custody of a child who the person has reason to believe is in the physical or legal custody of an adoption agency, or of one or more persons other than the child’s parent who are prospective adoptive parents, the person shall serve the entire pleading on, and give notice of all proceedings to, the adoption agency or the prospective adoptive parents, or both.
(f) A party to an assisted reproduction agreement may bring an action at any time to establish a parent and child relationship consistent with the intent expressed in the assisted reproduction agreement.
(g) (1) In an action to determine the existence of the parent and child relationship brought pursuant to subdivision (b), if the child’s other parent has died and there are no existing court orders or pending court actions involving custody or guardianship of the child, then the persons having physical custody of the child shall be served with notice of the proceeding at least 15 days before the hearing, either by mail or in a manner authorized by the court. If a person identified as having physical custody of the child cannot be located, the court shall prescribe the manner of giving notice.
(2) If known to the person bringing the parentage action, relatives within the second degree of the child shall be given notice of the proceeding at least 15 days before the hearing, either by mail or in a manner authorized by the court. If a person identified as a relative of the second degree of the child cannot be located, or the relative’s whereabouts are unknown or cannot be ascertained, the court shall prescribe the manner of giving notice or shall dispense with giving notice to that person.
(3) Proof of notice pursuant to this subdivision shall be filed with the court before the proceeding to determine the existence of the parent and child relationship is heard.
SEC. 6.
Section 7825 of the Family Code is amended to read:7825.
(a) A proceeding under this part may be brought if both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.
(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may consider the parent’s criminal record prior to the felony conviction to the extent that the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parent’s ability to exercise custody and control regarding the child.
(b) The mother of a child may bring a proceeding under this part against the father of the child, as follows:
(1) (A) If the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and the father was convicted of that violation.
(B) For purposes of this paragraph, there is a conclusive presumption that the father is unfit to have custody or control of the child.
(2) (A) If the father is found, by clear and convincing evidence, to have committed an act of sexual assault against the mother of the child and either of the following are true:
(i) The child was conceived as a result of the act of sexual assault.
(ii) The child was born within 300 days after the act of sexual assault, and the act was one that could result in the conception of a child.
(B) For purposes of this paragraph, there is a conclusive presumption that the father is unfit to have custody or control of the child unless, after the date of the sexual assault, the child’s natural mother and father voluntarily share the rights and responsibilities of rearing the child, including frequent and continuing contact with the child.
(c) As used in this section, “sexual assault” has the same meaning as defined in Section 11165.1 of the Penal Code or a similar statute in another jurisdiction where the act occurred.
Text of SB 1364 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions