19 – SB 495 – Bias-Free Child Custody Determinations

SB 495 will add language to the California Family Code to prohibit discrimination on the basis of sexual orientation or gender identity of a parent, legal guardian or relative when granting custody of a child. While there are examples of California case law to the effect that “sexual preference” should not affect child custody determinations, this language is outdated, unclear and has not been codified within the California Family Code. This lack of clear and comprehensive policy allows local Family Court mediators, investigators, and judges to make recommendations and rulings based on their own biases about how sexuality and gender may impact the “well-being of the child.” All parents deserve the right to be considered in matters of custody without their sexual orientation or gender identity being used against them.