According to the official 8/28/12 Senate Floor analysis, the legislation, if approved, will:
- Provide that nothing in the Uniform Parentage Act should be construed to preclude a finding that a child has a parent-child relationship with more than two parents.
- Allow a court to find that a presumption of paternity is not necessarily rebutted by a judgment establishing paternity by another person.
- Provide that where two or more claims or presumptions of parentage have been established, a court may find that a child has more than two natural or adoptive parents if it is required to serve the best interests of the child. Require the court, in determining the best interest of the child, to consider the nature, duration, and quality of the presumed or claimed parents’ relationships with the child, and the benefit or detriment to the child of continuing those relationships.
- Provide that in any case where a child has more than two legal parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to stability for the child. States that this may mean that not all parents share legal or physical custody of the child.
- Provide that the statewide child support guideline shall apply in any case with more than two parents, unless the court finds that application of the guideline is unjust or inappropriate.
- Provide that the guideline amount may be rebutted in any case where a child has more than two legal parents.
- Provide that this shall not be construed to require reprogramming of the California Child Support Automation System, a change in the guideline, or a revision in any Department of Child Support Services’ regulation, policy, procedure, form or training material.
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