Plain-language explainer
What AB 1978 actually does
The California Equal Shared Parenting Act (2025–2026 session, authored by Assemblymember Johnson (R–63)) changes the starting point in custody cases — not the finish line.
45%
of overnights for each parent is the presumptive floor — a rebuttable presumption, not a mandate
25 mi
both parents must live within 25 miles of the child's school for the presumption to apply
Fit
both parents must be found fit, willing, and able — and courts can deny equal time on clear and convincing evidence, in writing
Current law vs. AB 1978
| Question | Current California law | AB 1978 |
|---|---|---|
| Starting point | "Best interest of the child" with no time-share starting point; outcomes vary widely by county and courtroom | Rebuttable presumption of equal time (≥45% of overnights each) for two fit, nearby parents |
| Abuse protections | Courts weigh abuse history under best-interest factors | Intact — equal time deniable on clear and convincing evidence, with written findings |
| Judicial discretion | Full discretion | Preserved — the presumption sets where analysis starts, not where it ends |
| Distance | No distance rule | Presumption applies only when parents live within 25 miles of the child's school |
| Existing orders | — | Unchanged; applies to custody cases filed on or after January 1, 2027 |
Honest answers to hard questions
Does this put children at risk in abuse cases?
No. The presumption only applies when both parents are found fit, willing, and able. A judge can deny equal time on clear and convincing evidence that it would be detrimental to the child — including any history of substantiated abuse — and must explain that decision in writing. The safety valve is built into the bill's text.
Does it take away judges' discretion?
No. It sets a starting point, not an ending point. Courts retain full discretion to depart from equal time whenever the evidence shows it would harm the child. What changes is that a fit, loving parent no longer starts from behind.
What about parents who live far apart?
The presumption only applies when both parents live within 25 miles of the child's school. That distance limit exists precisely to prevent impractical orders that would bounce a child across long commutes.
What about infants and very young children?
Fitness, willingness, and ability are assessed for the actual child in the actual case. Courts can and do consider developmental needs; the clear-and-convincing safety valve applies at every age.
When would it take effect?
It applies to custody cases filed on or after January 1, 2027 — it does not reopen existing custody orders.
Is this a fathers'-rights bill?
It's a children's bill. The presumption is gender-neutral: it protects the child's relationship with both fit parents, whoever they are. Decades of research associate meaningful time with both parents with better outcomes for children of divorce.
Convinced? It takes 2 minutes.
Take ActionThis page is a plain-language summary, not legal advice. Read the bill text and status at leginfo.legislature.ca.gov.