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Key Votes

SB 1476 - Authorizes Courts to Designate More than 2 Individuals as Parents of a Child - Key Vote

California Key Votes

Gilbert Cedillo voted Yea (Passage With Amendment) on this Legislation.

Read statements Gilbert Cedillo made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Vetoed (Executive) -

Title: Authorizes Courts to Designate More than 2 Individuals as Parents of a Child

Legislation - Concurrence Vote Passed (Senate) (21-13) - (Key vote)

Title: Authorizes Courts to Designate More than 2 Individuals as Parents of a Child

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes courts to designate more than 2 individuals as parents of a child.

Highlights:
  • Authorizes the established formula for calculating child support to be invalidated in certain cases including, but not limited to, any of the following (Sec. 3):
    • A parent being ordered to pay child support has an extraordinarily high income and the amount determined under the established formula would exceed the needs of the child;
    • A parent is not contributing to the needs of the child at a level appropriate for the custodial time;
    • A child has medical or other special needs that require a higher child support level than the amount generated by the established formula; or
    • A child has more than two legal parents.
  • Authorizes a court to decide that a child has more than 2 natural or adoptive parents if it is in the child’s best interest (Sec. 5).
  • Requires the court to consider certain factors when determining what is in the child’s “best interest”, including, but not limited to, the following (Sec. 5):
    • The nature of the claimed parent's relationship with the child;
    • The quality of the claimed parent's relationship with the child;
    • The duration of the claimed parent's relationship with the child; and
    • The benefit or detriment to the child from continuing a relationship with the claimed parent.
  • Requires custody to be granted in the following order of preference, according to the best interest of the child (Sec. 1):
    • To both parents jointly or to either parent;
    • To any individual the child has been living with, given that the environment is wholesome and stable; or
    • To any other individual the court deems capable of providing proper care and guidance to the child.
  • Prohibits the immigration status of a parent, legal guardian, or relative from disqualifying the parent, legal guardian, or relative from receiving custody (Sec. 1.5).
  • Requires a court to consider, when granting custody to either parent, which parent is more likely to allow the child frequent contact with the noncustodial parent (Sec. 1).
  • Prohibits the court from preferring a parent as the custodian of the child because of that parent's gender (Sec. 1).
  • Requires a court, if the child has more than 2 legal parents, to allocate custody and visitation among the parents based on the best interest and stability of the child (Sec. 1).
  • Authorizes the court, if the child has more than 2 legal parents, to divide child support obligations among the parents based on income and the amount of time each parent spends with the child (Sec. 2).
  • Authorizes a “presumed parent” to file a petition declaring the nonexistence of the father and child relationship claimed by a voluntary declaration of paternity only if the petition is filed within the 2 years since the voluntary declaration of paternity took effect (Sec. 5).
  • Requires a court, in the case of a petition to set aside a voluntary declaration of paternity, to consider the following prior to passing a judgment establishing paternity of a child (Sec. 5):
    • The validity of the voluntary declaration of paternity;
    • The best interest of the child;
    • The nature, duration, and quality of the petitioner’s relationship with the child; and
    • The benefit or detriment to the child of continuing the relationship.
  • Specifies that a voluntary declaration of paternity is invalid if any of the following conditions exist at the time the declaration is signed (Sec. 4):
    • The man signing the declaration is a sperm donor; or
    • The child already has a “presumed parent.”
Legislation - Bill Passed With Amendment (House) (52-27) - (Key vote)

Title: Authorizes Courts to Designate More than 2 Individuals as Parents of a Child

Vote Smart's Synopsis:

Vote to pass a bill that authorizes courts to designate more than 2 individuals as parents of a child.

Highlights:
  • Authorizes the established formula for calculating child support to be invalidated in certain cases including, but not limited to, any of the following (Sec. 3):
    • A parent being ordered to pay child support has an extraordinarily high income and the amount determined under the established formula would exceed the needs of the child;
    • A parent is not contributing to the needs of the child at a level appropriate for the custodial time;
    • A child has medical or other special needs that require a higher child support level than the amount generated by the established formula; or
    • A child has more than two legal parents.
  • Authorizes a court to decide that a child has more than 2 natural or adoptive parents if it is in the child’s best interest (Sec. 5).
  • Requires the court to consider certain factors when determining what is in the child’s “best interest”, including, but not limited to, the following (Sec. 5):
    • The nature of the claimed parent's relationship with the child;
    • The quality of the claimed parent's relationship with the child;
    • The duration of the claimed parent's relationship with the child; and
    • The benefit or detriment to the child from continuing a relationship with the claimed parent.
  • Requires custody to be granted in the following order of preference, according to the best interest of the child (Sec. 1):
    • To both parents jointly or to either parent;
    • To any individual the child has been living with, given that the environment is wholesome and stable; or
    • To any other individual the court deems capable of providing proper care and guidance to the child.
  • Prohibits the immigration status of a parent, legal guardian, or relative from disqualifying the parent, legal guardian, or relative from receiving custody (Sec. 1.5).
  • Requires a court to consider, when granting custody to either parent, which parent is more likely to allow the child frequent contact with the noncustodial parent (Sec. 1).
  • Prohibits the court from preferring a parent as the custodian of the child because of that parent's gender (Sec. 1).
  • Requires a court, if the child has more than 2 legal parents, to allocate custody and visitation among the parents based on the best interest and stability of the child (Sec. 1).
  • Authorizes the court, if the child has more than 2 legal parents, to divide child support obligations among the parents based on income and the amount of time each parent spends with the child (Sec. 2).
  • Authorizes a “presumed parent” to file a petition declaring the nonexistence of the father and child relationship claimed by a voluntary declaration of paternity only if the petition is filed within the 2 years since the voluntary declaration of paternity took effect (Sec. 5).
  • Requires a court, in the case of a petition to set aside a voluntary declaration of paternity, to consider the following prior to passing a judgment establishing paternity of a child (Sec. 5):
    • The validity of the voluntary declaration of paternity;
    • The best interest of the child;
    • The nature, duration, and quality of the petitioner’s relationship with the child; and
    • The benefit or detriment to the child of continuing the relationship.
  • Specifies that a voluntary declaration of paternity is invalid if any of the following conditions exist at the time the declaration is signed (Sec. 4):
    • The man signing the declaration is a sperm donor; or
    • The child already has a “presumed parent.”
Legislation - Bill Passed (Senate) (24-13) - (Key vote)

Title: Authorizes Courts to Designate More than 2 Individuals as Parents of a Child

Vote Smart's Synopsis:

Vote to pass a bill that authorizes courts to designate more than 2 individuals as parents of a child.

Highlights:
  • Authorizes a court to decide that a child has more than 2 natural or adoptive parents if it is in the child’s best interest (Sec. 4).
  • Requires the court to consider certain factors when determining what is in the child’s “best interest”, including, but not limited to, the following (Sec. 4):
    • The nature of the claimed parent's relationship with the child;
    • The quality of the claimed parent's relationship with the child;
    • The duration of the claimed parent's relationship with the child; and
    • The benefit or detriment to the child from continuing a relationship with the claimed parent.
  • Requires custody to be granted in the following order of preference, according to the best interest of the child (Sec. 1):
    • To both parents jointly or to either parent;
    • To any individual the child has been living with in a stable environment, if custody cannot be granted to either parent; and
    • To any other individual the court deems capable of providing proper care and guidance to the child.
  • Requires a court to consider, when granting custody, which parent is more likely to allow the child frequent contact with the noncustodial parent (Sec. 1).
  • Prohibits the court from preferring a parent as the custodian of the child because of that parent's gender (Sec. 1).
  • Requires a court, if the child has more than 2 legal parents, to allocate custody and visitation among the parents based on the best interest and stability of the child (Sec. 1).
  • Authorizes the court, if the child has more than 2 legal parents, to divide child support obligations among the parents based on income and the amount of time each parent spends with the child (Sec. 2).
  • Authorizes a “presumed parent” to file a petition declaring the nonexistence of the father and child relationship claimed by a voluntary declaration of paternity only if the petition is filed within the 2 years since the voluntary declaration of paternity took effect (Sec. 4).
  • Requires a court, in the case of a petition to set aside a voluntary declaration of paternity, to consider the following prior to passing a judgment establishing paternity of a child (Sec. 4):
    • The validity of the voluntary declaration of paternity;
    • The best interest of the child; and
    • The nature, duration, and quality of the petitioner’s relationship with the child.
  • Specifies that a voluntary declaration of paternity is invalid if any of the following conditions exist (Sec. 4):
    • The man signing the declaration is a sperm donor; or
    • The child already has a “presumed parent”.
Legislation - Introduced (Senate) -

Title: Authorizes Courts to Designate More than 2 Individuals as Parents of a Child

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