SB 1364 California Senate · 2025-2026 Regular Session

Child custody.

Summary
Existing law governs the determination of child custody and visitation in contested proceedings and requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including, among other things, the health, safety, and welfare of the child and a history of abuse by a parent or another person seeking custody against specified individuals, including the other parent. As a prerequisite to considering an allegation of abuse, existing law authorizes the court to consider written reports from specified entities, including law enforcement and child protective services. Existing law prohibits the court from considering a person's sex, gender identity, gender expression, or sexual orientation when determining the best interests of the child. The bill would also require the court to consider abuse that resulted in the conception of the child when determining the best interests of the child. Existing law prohibits a person from being granted physical or legal custody of, or visitation with, a child if the person has been convicted of rape and the child was conceived as a result of that violation. This bill, instead, would prohibit a person from being granted custody of, or visitation with, a child if the person has been convicted of an act of sexual assault, as defined, and either the child was conceived as a result of the act or born within 300 days after the act, and the act was one that could result in the conception of a child. 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, as defined, the bill would create a rebuttable presumption that an award of sole or joint physical or legal custody of the child is detrimental to the best interests of the child, which may only be rebutted by clear and convincing evidence to the contrary. Existing law, the Uniform Parentage Act, prescribes various circumstances under which an action may be brought for the purpose of determining the existence or nonexistence of a parent and child relationship and specifies when and by whom the action may be brought. This bill would authorize an action to be brought to declare the nonexistence of the parent and child relationship at any time if the child was conceived as a result of a sexual assault and the father was convicted of that violation. The Uniform Parentage Act defines the "parent and child relationship" as the legal relationship existing between a child and the child's parents, including determining who is a presumed parent. Under existing law, a person is presumed to be the natural parent of a child if they satisfy certain criteria, including, among other things, that the presumed parent and the child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated. Existing law creates exceptions to those presumptions, including if the child was conceived as a result of rape or unlawful intercourse, as specified. This bill would instead make that presumption inapplicable if the father was convicted of, or is found by clear and convincing evidence to have committed, an act of sexual assault against the child's mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, unless, after the date of the sexual assault, the child's natural mother and the father voluntarily share the rights and responsibilities of rearing the child. Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents if the child's parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider a parent's criminal record prior to the felony conviction for these purposes. Existing law authorizes the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of rape and the father was convicted of that violation. Existing law creates a conclusive presumption that the father is unfit to have custody or control of the child if the father is convicted of rape and the child was conceived as a result of that rape. This bill would also authorize the mother of a child to bring a proceeding for these purposes against the father of the child if the child was conceived as a result of an act of sexual assault, as specified. The bill would create a conclusive presumption that the father of the child is unfit to have custody or control of the child if the father is found, by clear and convincing evidence, to have committed an act of sexual assault against the mother and either the child was conceived as a result of the act or born within 300 days after the act and the act was one that could result in the conception of a child, except as specified.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
May 2026
Senate Passage
May 2026
Assembly Passage
Aug 2026
Governor
Introduced Feb 20, 2026 Last action Aug 28, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

08/25/26 - Enrolled SB1364 · 1 edit
MINOR
No substantive policy changes occurred between these two versions. The diff reflects a transition from the formal enrolled document format (with Senate/Assembly passage lines, Governor's receipt block, chapter heading, and page numbers) to a web page rendering of the same bill text (with navigation menus, search tools, and metadata). The statutory language of all six sections is identical in both versions.
TECHNICAL

The document changed from a formal enrolled bill format (with official passage dates, Governor's receipt line, chapter number placeholder, and page numbers) to a web page display format (with site navigation, quick search, version history, and share buttons). No statutory text was altered.

Floor votes · Senate May 18, 2026 · Assembly Aug 20, 2026

How they voted

380
Passed · 2 other
Total votes 40
May 18, 2026
D Democratic30
29 Yea 1
96% Yea
R Republican10
9 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
8
Committee
2
Amendments
7
Aug 24, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 20, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 20, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Jun 17, 2026
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Jun 16, 2026
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 0.) (June 16).
lower
May 26, 2026
Committee
Referred to Com. on JUD.
lower
May 18, 2026
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 4307.) Ordered to the Assembly.
upper
Apr 30, 2026
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Apr 29, 2026
Upper · Passed
From committee: Do pass as amended. (Ayes 13. Noes 0. Page 4085.) (April 28).
upper
Apr 20, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Mar 4, 2026
Committee
Referred to Com. on JUD.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors

Sponsors