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California · 2025-2026 Regular Session
AB1978California Equal Shared Parenting Act.
Direction
Custody & supportcustody parenting timeAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 95%
Establishes a rebuttable presumption of equal parenting time (at least 45% overnights) in custody cases meeting fitness and proximity criteria, with a high bar (clear and convincing evidence) to rebut it, so more rights for the less-custodial parent.
there is a rebuttable presumption that equal parenting time is in the best interest of the child if all of the following apply: (1)Both parents are found to be fit, willing, and able to parent. (2)Both parents reside within 25 miles of the child’s primary school or educational institution.
↑Expands rights of the paying or noncustodial parentmodel confidence 80%
Allows a history of substantiated domestic violence to rebut the equal-parenting presumption only upon clear and convincing evidence that shared time is detrimental, so it is harder for domestic-violence findings to limit the less-custodial parent's time than under a general best-interest standard.
The presumption may be rebutted only by clear and convincing evidence that equal parenting time is not in the best interest of the child due to circumstances that are detrimental to the child, including, but not limited to, any of the following: (1)A history of substantiated domestic violence, child abuse, or neglect.
Why the model tagged it this way: The bill adds a rebuttable presumption of equal shared parenting time (defined as at least 45% overnights) in qualifying custody cases, which expands rights for the less-custodial parent; it also raises the evidentiary bar for using domestic violence or similar factors to deny equal time, further expanding on the domestic-violence-custody subtag. No other listed topics are substantively addressed.
Related bills
SB1364Child custody.↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Law
AB1875Dissolution of marriage.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Law
AB2789Mediation: child custody and visitation.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Law
SB589Spousal support: factors.↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Failed