Key Votes

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

California Key Votes

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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