Newsom Vetoes AB 957

Newsom Vetoes 957

Newsom Vetoes AB 957

(See AB-957-Veto-Message)

Last night, Gavin Newsom vetoed AB 957, stating:

To the Members of the California State Assembly:

I am returning Assembly Bill 957 without my signature.

This legislation would require a court, when determining the best interests of a child in a child custody or visitation proceeding, to consider, among other comprehensive factors, a parent’s affirmation of the child’s gender identity or gender expression.

I appreciate the passion and values that led the author to introduce this bill. I share a deep commitment to advancing the rights of transgender Californians, an effort that has guided my decisions through many decades in public office.

That said, I urge caution when the Executive and Legislative branches of state government attempt to dictate -in prescriptive terms that single out one characteristic -legal standards for the Judicial branch to apply.  Other-minded elected officials, in California and other states, could very well use this strategy to diminish the civil rights of vulnerable communities.

Moreover, a court, under existing law, is required to consider a child’s health, safety, and welfare when determining the best interests of a child in these proceedings, including the parent’s affirmation of the child’s gender identity.

For these reasons, I cannot sign this bill.

Proceed with Caution

Although this appears to be a win for now, take note of the next to last sentence: “Moreover, a court, under existing law, is required to consider a child’s health, safety, and welfare when determining the best interests of a child in these proceedings, including the parent’s affirmation of the child’s gender identity”.

The best way to avoid bad rulings by Judges and custody evaluators is to keep your custody battles out of court.  Only the parents should decide what’s in the child’s best interests!

Jeanette Cooper Lost Custody of Daughter Due to Gender Ideology

Though AB 957 won’t amend Family Code 3011 by adding “gender affirming” to best interests of the child, there is still broad discretion to the Judges and custody evaluators in family court.

In 2019, Jeanette Cooper lost custody of her daughter because her daughter claimed she was “abusive” for not using her new name and gender identity.

“A difference in belief is not abuse,” she continued. “I think that children who are actually being abused in very material ways should be insulted by this.”

View this post on Instagram

 

A post shared by Lawyer Kelly (@lawyerkelly)

Have a case like this?

Family matters are extremely personal, and it is important for us to know details of your case before giving advice. Each case is different, and it is important to find an attorney you trust. To arrange an appointment, please call us at (626) 765-5767 between 8:30am – 5:00pm, Mondays to Fridays, or fill out the form below.

Schedule a Consultation