SB 1364: Child custody.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 2 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 30, 2026Chaptered by Secretary of State. Chapter 848, Statutes of 2026.
2. September 30, 2026Chaptered by Secretary of State. Chapter 848, Statutes of 2026.
3. September 30, 2026Approved by the Governor.
4. September 30, 2026Approved by the Governor.
5. August 28, 2026Enrolled and presented to the Governor at 4 p.m.
6. August 28, 2026Enrolled and presented to the Governor at 4 p.m.
7. August 24, 2026Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5692.) Ordered to engrossing and enrolling.
8. August 24, 2026Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
9. August 20, 2026In Senate. Concurrence in Assembly amendments pending.
10. August 20, 2026In Senate. Concurrence in Assembly amendments pending.
11. August 20, 2026Read third time. Passed. (Ayes 78. Noes 0. Page 6297.) Ordered to the Senate.
12. August 20, 2026Read third time. Passed. (Ayes 78. Noes 0. Page 6297.) Ordered to the Senate.