Recent changes to the California Family Code allow courts to assign parental rights & responsibilities to more than two legal parents

Each year, our legislators make many changes to California’s laws. Some of these changes are minor, while others have far-reaching implications. Starting in 2014, the newly amended Family Code will provide for child custody rights and child support responsibilities to be shared among more than two parents when the circumstances of a case merit such an approach.

An Example of a Claim for Multiple Parents

One possible example of a case in which a child might be considered to have more than two parents would be a child whose biological parents divorced and subsequently married other people. The child would be very likely to form a close bond with their new stepparents. If their biological parent and one of the stepparents also get divorced, and the child is separated from their stepparent, this could have a “devastating psychological and emotional impact” as the legislators put it. To avoid traumatizing the child, a family law court would have to award joint custody to 3 individuals: the biological mother and father and the newly divorced stepparent. This is now possible under the updated law.

Determining Child Custody with Multiple Parents

In cases where more than two people meet the requirements for establishing a claim to parentage under the Uniform Parentage Act, judges are now directed by law to consider awarding custody and visitation rights to any and all parental figures that may qualify. As in the past, judges will continue to consider what is best for the child as their most important criterion for awarding custody. With more have one other person potentially competing for a share of custody rights, it is more important than ever for parents to engage a skilled child custody attorney to help plead their case for custody or visitation.

Calculating Child Support with Multiple Parents

The formula used to complete the California Child Support Calculation remains unchanged in the updated Family Code. However, it will now be possible to split child support obligations three or more ways when a child truly does have three or more adults fulfilling the role of a legal parent. It is important for parents engaged in child support disputes to realize that this possibility exists, as arguing for shared child support from multiple parents can result in a better home environment for the child.