The proposed amendments will not establish a preference or presumption for joint or sole custody; rather, they grant courts and families greater discretion in designing parenting plans. The bill emphasizes the importance of continuity and stability for the child, especially in cases involving multiple parents. By allowing for flexible arrangements, it aims to suit the diverse family structures that exist today, while still prioritizing the child's emotional bonds and established patterns of care.
Assembly Bill 1285, introduced by Assembly Member Gloria, seeks to amend Section 3040 of the Family Code concerning child custody. This bill brings forth technical, nonsubstantive changes aimed at clarifying existing provisions around the determination of custody and visitation in contested proceedings. Under current law, the underlying principle guiding custody decisions is the best interest of the child, and the bill intends to reinforce and refine how this principle is articulated and enforced in legal contexts.
One notable change introduced by AB 1285 addresses the immigration status of parents. The bill explicitly states that the immigration status of a parent, legal guardian, or relative shall not disqualify them from receiving custody. This provision is particularly relevant in California, where immigration issues can complicate custody decisions. Advocates for immigrant families see this as a significant step towards ensuring that custody decisions reflect the child's best interests rather than any bias associated with a parent's immigration status.