California just introduced a bill that could change everything for fathers in the most populous state in America.
AB 1978, the California Equal Shared Parenting Act, was introduced on February 13, 2026 by Assembly Member Johnson. If it passes, it would establish a rebuttable presumption that equal parenting time is in the best interest of the child for custody proceedings filed on or after January 1, 2027. That means California courts would start from the assumption that kids need both parents roughly equally — and anyone who wants to deny that would have to prove it with clear and convincing evidence.
That’s a seismic shift from how California courts operate right now. And for the millions of dads navigating the California family court system, this bill is worth understanding inside and out.
What AB 1978 Actually Says
The bill would add Section 3040.1 to the California Family Code. Here’s what it establishes in plain English:
- The presumption applies when: Both parents are found fit, willing, and able to parent, AND both parents live within 25 miles of the child’s primary school or educational institution.
- The presumption can be rebutted by clear and convincing evidence of: A history of substantiated domestic violence, child abuse, or neglect; a pattern of substance abuse or mental illness impairing parental capacity; a demonstrated refusal to support the child’s relationship with the other parent; or logistical barriers that make equal time impractical.
- “Equal parenting time” is defined as: A substantially equal division of overnights annually, with reasonable adjustments for school schedules, holidays, and special circumstances. (The bill text specifies a numeric threshold — confirm exact language at leginfo.legislature.ca.gov before citing in legal contexts.)
- Any denial of equal parenting time must be made in writing and specify the evidence the court relied upon. No more vague rulings. Judges would have to show their work.
- Effective date if enacted: January 1, 2027, for all new custody proceedings filed on or after that date.
As of this writing, the bill is in early stages. It was printed on February 14, 2026, and may be heard in committee on March 16. It has a long road ahead. But the fact that it exists, in California of all places, matters.
This is not legal advice. Laws vary by state. Consult a family law attorney in your state for guidance on your specific situation.
Why California Matters So Much
California has roughly 39 million residents. More importantly, California has historically been one of the states where fathers fight hardest for equal time and win it least often. When California moves on family law, it sends a signal to the rest of the country.
The National Parents Organization, which grades every state on its shared parenting laws, gave California a C in its 2025 Shared Parenting Report Card. That means the state nominally acknowledges joint custody but doesn’t have a strong presumption behind it. Courts have discretion. And discretion, in practice, often means default-to-mom outcomes for dads who don’t have the resources to fight for years.
I know what that fight costs. I spent $250,000 and two years in Trumbull County, Ohio fighting for 50/50 with my son. I started at three supervised hours a week. Three hours. Not because I was dangerous. Not because I had done anything wrong. Just because the system’s default was to limit a dad’s access until he proved himself. By the time we had a real schedule, I was broke, exhausted, and angry at a system that should have protected my rights from day one.
The system made me fight for something I should have had automatically. AB 1978 is trying to fix that, at least in California.
The Bias Problem AB 1978 Is Designed to Address
Here’s the thing that doesn’t get said clearly enough: California’s current law already says that both parents should have “frequent and continuing contact” with their children (Family Code §3020), and there is a conditional presumption in favor of joint custody in certain circumstances (§3080). That’s already in the code. So why are so many fathers still getting every other weekend?
Because a presumption without teeth is just a suggestion. When a judge has broad discretion to define what “joint” means, and when the default scripts in family court still run toward maternal primary custody for infants and young children, a nominal presumption doesn’t protect much. Fathers who want equal time still have to argue for it. Mothers who want primary custody often just have to show up.
AB 1978 changes the dynamic. Instead of both parents starting from zero and arguing about what’s fair, the court would start from equal time as the baseline. If someone wants less than equal, they have to prove why with clear and convincing evidence. That’s a high bar, legally. It’s a much higher bar than “the judge thought it seemed better.”
The bill also requires any denial to be put in writing with specific evidence cited. That matters for appeals. Right now, a dad who gets shorted on parenting time often has limited grounds to appeal a vague ruling. Under AB 1978, if a judge denies equal time without written, evidence-based reasoning, that ruling has a legal problem on its face.
What the Research Shows About Equal Parenting Time
Fathers’ rights advocates have been making the case for shared parenting for decades. But the research is now strong enough that it’s hard to dismiss.
A 2023 analysis of existing research, reviewed by the Institute for Family Studies, found that children in shared parenting arrangements “do equally well compared to children in nuclear families” across academic, cognitive, emotional, and psychological outcomes, behavioral problems, physical health, and parent-child relationship quality. That’s a striking result. Kids with two equally present parents after a divorce or separation fare about as well as kids who grew up with both parents together.
Child psychologist William Fabricius at Arizona State University has found that children’s outcomes improve the closer the schedule gets to 50/50. The anxiety that drives kids of divorced parents — “Does my dad actually want to be around me? Is he going to fade out?” — largely disappears when they have equal, consistent time with both parents. Equal time communicates that dad is not leaving. That message matters enormously to a child.
States that already have explicit shared parenting presumptions — Kentucky, Arkansas, West Virginia, Florida, and Missouri — have shown that a legal presumption doesn’t mean courts rubber-stamp every custody arrangement. (Other states like Arizona have “maximize parenting time” statutes, which push toward equal time but fall short of a formal rebuttable presumption.) The safeguards still work. Kids with abusive parents are still protected. But fit, involved fathers stop having to prove that they deserve to be fathers.
The 25-Mile Rule: What It Means and Who It Affects
One detail in AB 1978 that deserves attention: the equal parenting presumption only kicks in if both parents live within 25 miles of the child’s primary school. This is a practical limitation, and it’s worth understanding what it does and doesn’t do.
On one hand, it makes sense. Equal parenting time is genuinely harder to manage when parents live 100 miles apart. A true 50/50 schedule requires pickup, drop-off, and consistent routines that work logistically for the child. The 25-mile requirement prevents the presumption from being applied in situations where it would actually create instability for kids.
On the other hand, this provision could become a loophole. A parent who wants to defeat the shared parenting presumption could simply move more than 25 miles away from the school. That’s not a hypothetical — relocation is already one of the most contentious issues in family law, and AB 1978 doesn’t specifically address what happens if one parent relocates after a custody order is established under this presumption.
If you’re a California father following this bill, watch the relocation question carefully as it moves through committee. That’s where the provision could get amended or clarified.
What California Dads Should Do Right Now
AB 1978 is still a bill. It passed first reading on February 13, 2026, and may be heard in committee March 16. It still has to pass the full Assembly, then the Senate, then get signed by the Governor. That’s not guaranteed, especially in a state where family law is politically complicated and where some advocacy groups will oppose any presumption language that limits judicial discretion.
So what do you do if you’re a California dad in a custody dispute right now?
- Track the bill. You can follow AB 1978 at leginfo.legislature.ca.gov. If it gets a hearing on March 16, that’s your opportunity to show up, submit written testimony, or contact your Assembly member in support.
- Don’t wait for the law to protect you. The current law already requires courts to consider joint custody. Document your involvement. Build a record of being a present, capable, consistent parent.
- Document everything now. School pickups, medical appointments, activities, communication with your co-parent. If your case eventually goes to a judge, your documentation is your evidence.
- Consult a California family law attorney. If you’re in an active case, understand how existing law applies to your situation. An attorney who handles fathers’ rights cases can tell you how courts in your county actually apply the joint custody presumption in practice.
- Connect with advocacy organizations. The National Parents Organization (sharedparenting.org) and California-based fathers’ rights organizations are worth following. If AB 1978 gets a hearing, organized advocacy matters.
The Bigger Picture: A Nationwide Shift
AB 1978 is part of a wave that’s been building for years. Colorado, Texas, Georgia, Minnesota, and Ohio have all moved on family law reform in the last 18 months. Some of those bills target parenting time directly. Some target child support calculations. Some target court process. But they’re all responding to the same underlying reality: the old default of primary-maternal-custody-with-dad-visits is out of step with how families actually work and what children actually need.
California introducing a bill like this matters even if it doesn’t pass this session. It signals that the political will is building. It means someone in the California Assembly read the research, heard from fathers in their district, and decided to put their name on legislation that says children deserve equal time with both fit parents. That’s not nothing. That’s a crack in a wall that a lot of us have been pushing against for a long time.
The argument against shared parenting presumptions usually runs like this: “We need judicial flexibility. Every family is different. You can’t make a one-size-fits-all rule.” And there’s a version of that argument that’s reasonable. But here’s what that argument has meant in practice for decades: judges get to decide based on their own biases, with no accountability, and fathers who aren’t wealthy enough to fight for years end up with every other weekend. That’s not flexibility. That’s a broken default.
AB 1978 flips the default. And flipping the default is everything.
FAQ: California AB 1978 and Shared Parenting
What is the California Equal Shared Parenting Act?
AB 1978 is a bill introduced in the California Assembly on February 13, 2026 by Assembly Member Johnson. It would add Section 3040.1 to the California Family Code, establishing a rebuttable presumption that equal parenting time (at least 45% overnights annually for each parent) is in the best interest of the child when both parents are fit and live within 25 miles of the child’s school. The bill is currently working through the legislative process and has not yet been enacted.
When would AB 1978 take effect if passed?
The bill specifies it would apply to custody proceedings filed on or after January 1, 2027. Cases already in progress or already under court order would not automatically change, though it could potentially affect modifications filed after that date depending on how courts interpret the new law. [NEEDS VERIFY — confirm with CA family law attorney]
Does California currently favor mothers in custody cases?
California law does not explicitly favor mothers. The official standard is the “best interest of the child,” and there is already a nominal presumption in favor of joint custody. However, in practice, many fathers find that courts default to maternal primary custody for young children or without strong advocacy. AB 1978 is designed to address this gap by creating a stronger, more specific presumption of equal time for fit parents. Laws vary by county and case — consult a California family law attorney for guidance.
What states already have shared parenting presumptions?
According to the National Parents Organization’s 2025 Shared Parenting Report Card, five states have enacted explicit rebuttable presumptions of equal shared physical custody: Kentucky, Arkansas, West Virginia, Florida, and Missouri. Other states like Arizona have “maximize parenting time” statutes that encourage equal time but are not technically the same as a formal presumption. The National Parents Organization tracks this at sharedparenting.org.
Can I use AB 1978 in my current California custody case?
Not yet — the bill has not been enacted. If your case is active now, you are operating under current California law. This is not legal advice. Consult a California family law attorney about your specific situation and how to best advocate for equal parenting time under existing law.
What happens if one parent moves more than 25 miles away?
The bill as introduced requires both parents to live within 25 miles of the child’s school for the equal parenting presumption to apply. How relocation after an initial order would be handled is not addressed in the current bill text. This is likely to be addressed in committee or amendments if the bill advances. This is not legal advice — consult a California family law attorney if relocation is relevant to your situation.
This is not legal advice. Family law varies significantly by state and individual case. Nothing on this site should be taken as legal advice for your specific situation. If you are in a custody dispute, consult a licensed family law attorney in your state.
California’s AB 1978 is moving through the legislature right now. If you want to see it pass, follow it, share it, and contact your Assembly member. California has 39 million people and one of the largest concentrations of fathers fighting for equal time in the country. Make some noise.