The California Family Code underwent several revisions that will impact custody arrangements, mental health considerations, family reunification programs, and the allocation of child support add-ons. These changes, which went into effect between January 1 and September 1, 2024, aim to enhance the protection of children and ensure fairer processes in family law cases. Here is an overview of the recent amendments:
Family Code Sections 3011(a) and 3100(e): Enhanced Protection in Custody Arrangements
Previously, if domestic violence or drug or alcohol abuse was alleged during custody proceedings, courts were required to consider monitored visitations and explain their decisions on the record unless both parties stipulated to the custody arrangement.
The amended law mandates that if abuse is alleged and the court orders sole custody, joint custody, or unsupervised visitations to the accused parent, the court must state in writing or on the record that the order is in the child’s best interest and ensures the safety of all parties involved. Additionally, the court must specify the time, day, and location for exchanging the child, even if both parties stipulated the custody arrangement.
The new law also introduces the option of virtual visitation, requiring courts to consider whether visitation should be suspended, denied, supervised, or conducted virtually when a protective order is in place. Virtual visitation may be supervised or unsupervised depending on the court’s determination of what is in the best interest of the child.
Family Code Section 3040(d): Addressing Mental Health in Custody Decisions
Previously, there were no specific provisions regarding the consideration of a parent’s mental health history in custody decisions.
Effective January 1, 2024, if a court finds that a parent’s, legal guardian’s, or relative’s history or current mental illness impacts the best interest of the child, the court must:
- Provide the affected party with a list of local mental health treatment resources.
- State the reasons for its findings in writing or on the record.
This change underscores the court’s obligation to prioritize the child’s health, safety, and welfare in all custody and visitation decisions.
Family Code Section 3193: Limitations on Family Reunification Programs
Prior to the new law, there were no restrictions on family reunification programs ordered by the court. This new section prohibits courts from ordering family reunification treatments, programs, or services that require or result in overnight, out-of-state, or multiday stays or no-contact orders with the other parent. Additionally, the court is prohibited from ordering family reunification programs that require use of private youth transporters engaged in the use of force or circumstances that place the safety of the child at risk or that uses physical force, undue coercion, isolation from a child’s family or other support. However, dependency courts are exempt from this prohibition and can still order family reunification services as needed.
Family Code Section 4061(a): Fairer Allocation of Child Support Add-Ons
Before the changes this year, child support add-ons, such as childcare and uncovered medical expenses, were typically divided equally between the parties, with the option to adjust based on relative net incomes.
The updated law mandates that child support add-ons be allocated according to the parties’ relative net incomes unless a different division is requested or deemed appropriate by the court. The process involves detailed calculations using tools like DissoMaster™ to determine the exact contributions of each party based on their adjusted net incomes after accounting for spousal and child support.
Family Code Sections 4062 and 4063: Presumption of Reasonableness for Childcare Expenses
Previously, there was no presumption of reasonableness for childcare add-ons necessary for work or reasonably necessary education or training for employment, though uninsured medical costs were presumed reasonable. Requests for reimbursement had to be made within 30 days.
The new provisions establish a rebuttable presumption that expenses incurredfor necessary childcare are reasonable. Requests for reimbursement must now be made within 90 days after the cost is accrued or paid. This change aims to ensure timely and fair reimbursement processes for childcare and medical expenses.
Implications and Preparation for California Family Law Changes
These amendments reflect a concerted effort to improve the family law system in California, prioritizing child safety, fairness, and clarity in custody and support arrangements. Parents and guardians should familiarize themselves with these changes to understand their rights and responsibilities under the new laws. These changes will involve reviewing current custody and support arrangements and potentially consulting with family law attorneys to ensure compliance and protection of the best interests of the children involved.
At Flicker, Kerin, Kruger & Bissada LLP, we specialize in family law cases. Our experienced attorneys are dedicated to providing each of our clients with quality, personalized legal counsel for their specific case. When legal changes like these arise, we seamlessly incorporate them into our approach to achieve the best possible outcome for families like yours. To learn more about how we can assist you as these new laws go into effect, we encourage you to schedule your consultation today.