Vetoed by Governor Jerry Brown, Jr.

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.”

Full Bill Text

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.”

Full Bill Text

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”.

Full Bill Text