SB1364 Child custody.

↓Restricts rights of the paying or noncustodial parent model confidence 90%

Creates a rebuttable presumption against custody for a parent found by clear and convincing evidence to have committed sexual assault resulting in the child's conception, requires courts to consider such abuse in best-interest determinations, and expands circumstances for terminating parental rights

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, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to the person who perpetrated the sexual assault is detrimental to the best interests of the child pursuant to Sections 3011 and 3020.

✓ Quote verified word for word in the bill text

↓Restricts rights of the paying or noncustodial parent model confidence 85%

Authorizes actions at any time to declare nonexistence of a parent-child relationship if the child was conceived as a result of sexual assault with a conviction or clear-and-convincing finding, and makes the marital or other presumptions of paternity inapplicable in such cases unless the parties-vol

At any time for the purpose of declaring the nonexistence of the parent and child relationship under Section 7611.5.

✓ Quote verified word for word in the bill text

↓Restricts rights of the paying or noncustodial parent model confidence 80%

Expands the best-interest factors to explicitly include abuse that resulted in the conception of the child and creates presumptions against custody or parental rights for sexual assault that results in conception

A history of abuse by one parent or another person seeking custody against any of the following: ... (ii)The other parent, including abuse that resulted in conception of the child.

⚠ Quote could not be matched to the bill text: treat this label with caution