Earlier this month, Governor Jerry Brown signed landmark child custody legislation that expands the authority of California family law courts when it comes to making child custody determinations. The new child custody legislation allows California family law courts to recognize three or more individuals as the legal parents of a child. Accordingly, a court’s child custody orders can require more than two individuals to share physical and/or financial responsibility for raising a child.
Legislation was authored by Sen. Leno in order to ensure that California law reflected current family dynamics.
Senator Mark Leno (D-San Francisco) authored the legislation in order to ensure that California’s family law provisions reflected changes in the way families are structured within the State. Specifically, to recognize the increasing number of same sex couples having children with a biological parents of the opposite sex.
In support of the measure, Senator Leno explained that California’s family law courts should be able to issue child custody rulings which recognize circumstances where multiple individuals act in a parental capacity by providing support and care for a child. He when on to explain that providing judges with the authority to issue rulings that would allow more than two parents to share custody of a child will help prevent situations where a child is forced to deal with separation from an individual they have always considered a parent and is therefore in their best interest.
Senator Leno authored the bill after a 2011 court decision, which sent the daughter of a same sex couple to foster care when both women lost custody. The girl was sent to foster care despite the fact that her biological father wanted to assume custody. The court reasoned that the biological father did not have parental rights.
Conservative groups opposed the legislation, viewing it as an attack on traditional families.
The measure was opposed by a number of conservative organizations who deemed the new legislation as an attack on traditional families. Brad Dacus, president of the Pacific Justice Institute, responded to news of Gov. Brown signing the new legislation by stating that he was disappointed in the decision. He argues that the legislation was a mistake because it will lead to more complicated family law proceedings that will be detrimental to children in the long run.
Last year, Gov. Brown vetoed a bill similar to the one signed into law on Friday. It is unclear what changed the Governor’s mind on the issue.