Amy Ghosh is a Los Angeles-based Attorney at Law, specializing in Immigration Law, Family Law, and Employment Law, among others. She can be reached at: amygesq@gmail.com
Here’s a summary of some of the key developments from late 2024 and 2025:
1. Enhanced Protections for Children and Victims of Domestic Violence
* Piqui’s Law (SB 331): This law is a significant change aimed at protecting children from family violence. It prohibits family court judges from ordering children into unregulated “reunification” programs that have been criticized for forcing children to recant abuse claims. It also mandates that judges and other court-connected professionals receive special training on domestic violence and child abuse.
* Safety and Immediate Harm (SB 599): This law requires that when a court makes a custody or visitation order in a case with allegations of abuse or substance abuse, the order must explicitly state that it “protects the safety of the parties and the child.” It also introduces the concept of virtual visitation, requiring courts to consider if it is an appropriate option when a protective order is in place.
* Firearm Possession: New legislation requires courts, when considering an ex parte (emergency) custody order, to consider whether a parent’s illegal access to firearms or ammunition poses a risk of immediate harm to the child.
2. Changes to Legal and Physical Custody
* Emphasis on Shared Parenting: While the “best interest of the child” remains the paramount standard, new reforms in 2025 place a greater emphasis on equal or near-equal parenting time as a starting point. This is a subtle but important shift, as it encourages courts to consider a 50/50 arrangement unless a parent can demonstrate it is not in the child’s best interest.
* Clarification of Joint Legal Custody: The law has been clarified to reduce ambiguity in high-conflict cases. True joint legal custody now explicitly requires that parents consult and agree on all major decisions related to the child.
3. Procedural and Administrative Changes
* Mandatory Parent Plans: In some jurisdictions, new legal reforms require that all parenting plans approved after a certain date include a detailed schedule, defined communication methods, and provisions for resolving disputes (e.g., mediation or a parenting coordinator).
* Transfer of Jurisdiction: New legislation allows a court to transfer jurisdiction of a family law case to a new county when both parties have moved from the county that issued the original order. The original court, however, retains the authority to issue emergency orders to prevent immediate harm.
* Rejection of Restraining Order Requests (AB 2024): To prevent unnecessary delays in protecting domestic violence survivors and their children, court clerks are now prohibited from rejecting Domestic Violence Restraining Order (DVRO) requests for minor procedural reasons. As long as the request is on the correct forms, it must be accepted.
4. Recent Case Law Highlights
* Montenegro v. Diaz and In re Marriage of LaMusga: While these are not new cases, they are still considered foundational precedents in California family law. (Petition for review after the Court of Appeal reversed the order in a custody proceeding. This case concerns whether a stipulated order for custody constitutes a “prior judicial determination” of the child’s best interests and so requires later custody decisions be based on “charged [sic] circumstances” rather than on” the best interests of the child.” )
* Montenegro v. Diaz reaffirmed the broad discretion of trial courts in making custody determinations and clarified the “changed circumstance rule” for modifying orders.
* In re Marriage of LaMusga established the framework for handling relocation cases. It held that while a custodial parent does not need to prove a move is “necessary,” the non-custodial parent must show that the move would cause detriment to the children. The court must then decide whether a change in custody is warranted based on the child’s best interests.
* Appellate Court Rulings: Recent appellate court decisions have focused on very specific aspects of family law, such as the correct procedure for a trial court to terminate parental rights, the proper use of forensic accounting in divorce cases, and the application of domestic violence presumptions in custody awards. These cases generally serve to clarify existing law rather than create entirely new legal standards.
It’s important to note that this is a general overview. Family law is highly fact-specific, and the outcome of any case depends on its unique circumstances. You should always consult with a qualified attorney to get advice specific to your situation.