CALIFORNIA

Highlights:

In instances of divorce or separation:

• 93% of those in California believe it is in the child's best interest ... to have as much time as possible with each parent;"

• 91% of Californians expressed a commitment to vote their beliefs being "more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent ...when both parents are fit and willing to be parents."

• 83% of those in California indicated they would support a change in California law that awards children as much time as possible with each parent after divorce or separation.

• 78% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict.

• 88% believe that California should promote shared parenting for all children with separated parents.

• 83% believe that both parents should have equal rights and responsibilities following divorce or separation.

POSITIVES:

• California statutes require courts to consider “friendly parent” factors in awarding sole custody. CAL. FAM. CODE § 3040

• California statutes provide sanctions for knowingly making false allegations of abuse. CAL. FAM. CODE § 3027.1

NEGATIVES: 

• California has no statutory preference for, or presumption of, shared parenting. The presumption (CAL. FAM. CODE § 3080) in favor of joint custody applies only when both parents agree to joint custody. This is not a shared parenting presumption; it is simply deference to fit parents’ joint decisions. California explicitly denies any preference or presumption concerning physical or legal custody: “[t] his section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. CAL. FAM. CODE § 3040

• California statutes do not explicitly provide for shared parenting during temporary orders.