An Act to Amend Section 3027 of the California Family Code Relating to Child Custody Proceedings

AB 1234, as introduced. Child custody: compensatory visitation.

An act to amend Section 3027 of the California Family Code, relating to compensatory custody or visitation time for parents who are unjustly separated from their children due to false allegations or unfounded CPS investigations., and declaring the urgency thereof, to take effect immediately.

This bill amends Section 3027 of the California Family Code to require courts to order compensatory custodial time for a parent wrongfully denied custody or visitation rights due to false allegations of abuse or neglect or unsubstantiated investigations by child protective services. The bill also mandates the documentation of findings in such cases, ensuring transparency and accountability in custody determinations.

False allegations of abuse and neglect in child custody cases have profound consequences. They can disrupt the parent-child relationship, result in emotional trauma, and undermine the integrity of the judicial process. Additionally, delays caused by investigations, particularly those by child protective services, often lead to unjust denial of custodial or visitation rights, even when no abuse or neglect is substantiated. These disruptions are not just harmful to the accused parent but can also deeply impact a child’s development and emotional well-being.

The proposed amendment to California Family Code Section 3027 addresses these concerns by ensuring that parents unjustly denied custodial or visitation rights due to false allegations or unfounded CPS investigations are granted compensatory time with their children. This principle, commonly referred to as “Time Taken, Time Back,” is critical for restoring balance and fairness in California's family courts.

SECTION 1. Section 3027 of the Family Code is amended to read:

3027. Allegations of Abuse in Custody Proceedings

(a) No parent shall be placed on supervised visitation, denied custody of or visitation with their child, or otherwise have custody or visitation rights limited, solely because the parent:

1. Lawfully reported suspected child abuse or neglect; or

2. Otherwise acted lawfully and in good faith to determine whether their child was the victim of abuse or neglect.

(b) Compensatory Custody or Visitation

1. If a court determines, based on the evidence presented or the findings of a child protective services investigation, that an allegation of child abuse or neglect was false and that the individual making the allegation knew it to be false at the time it was made, the court shall:
   (A) Order compensatory custody or visitation time equivalent to the time the falsely accused parent was wrongfully denied, unless such an order would clearly be detrimental to the health, safety, or welfare of the child.
   (B) Require the parent making the false allegation to pay all court costs and reasonable attorney’s fees incurred by the accused parent in responding to the allegation.
   (C) Provide detailed written findings specifying the evidence relied upon to determine that the allegation was knowingly false.
   (D) Ensure that the compensatory periods of possession or access granted:
   (i) Are of the same type and duration as the time wrongfully denied.
   (ii) Include weekend, holiday, and summer visitation, if applicable.
   (iii) Occur within two years of the court’s determination that custody or visitation was wrongfully denied.

2. If a parent was denied court-ordered custody or visitation due to an investigation by child protective services or another governmental agency that concluded without a finding of abuse or neglect, the court shall:
   (A) Order compensatory custody or visitation time for the parent wrongfully denied access.
   (B) Provide written findings documenting the basis for the compensatory time awarded and how the order aligns with the child’s best interests.

(c) Clarification of "Good Cause"

1. A court may deny compensatory custody or visitation only if clear and convincing evidence demonstrates that granting compensatory time would harm the child’s physical or emotional well-being.

2. Any denial of compensatory time under this subdivision must be accompanied by detailed written findings explaining the specific evidence relied upon to justify the denial.

(d) Parent’s Right to Decide

1. A parent wrongfully denied custody or visitation shall have the right to propose the schedule for compensatory custody or visitation, subject to the court’s review to ensure alignment with the child’s best interests.

2. The court may approve or modify the proposed schedule but shall give substantial weight to the aggrieved parent’s proposed time, consistent with Section 3011.

(e) Reimbursement of Costs and Fees
If the court determines that an allegation of harm, abuse, or neglect was false and not made in good faith, the court shall order the parent making the false allegation to pay:

1. All court costs incurred by the accused parent; and

2. Reasonable attorney’s fees associated with responding to the allegation.

(f) Documentation of Findings

1. The court shall document specific findings in all cases where compensatory custody or visitation is granted under this section. The findings shall:
   (A) Detail the evidence and rationale for determining that the parent was wrongfully denied custody or visitation.
   (B) Explain how the compensatory time awarded aligns with the child’s best interests, consistent with Section 3011.

(g) Definition of "Bad Faith"
For the purposes of this section, "not made in good faith" or "bad faith" shall mean allegations made with intent to mislead the court, harm the other parent, or manipulate custody proceedings.

SEC. 2. Implementation

The Judicial Council of California shall update all relevant rules of court, training materials, and forms to reflect the requirements of this section by no later than July 1, 2025.

SEC. 3. Effective Date

This act shall become operative on January 1, 2026.