2026 California Family Law Updates: What Changed for Safety-Centered Custody and Domestic Violence Issues
California has long been known for its commitment to the safety of its residents, often acting as a pioneer in the areas of family law and domestic violence protections. This continues to be the case in 2026, when California has planned a number of legal changes that push the state toward safety-centered decision-making in family law cases. Curious about how these changes may affect your case? It’s time to talk to a child custody attorney in California.
When you’re involved in a custody dispute involving domestic violence, having a child custody lawyer who is ready to advocate for you is crucial. At Ewaniszyk Law Firm, attorney Diana Spidall has a long history of navigating complex family law issues, including those involving claims of domestic abuse. Find out how our child custody law firm can help you now by calling us at 760-245-7310.
Support for Domestic Violence Survivors
One of the main updates we’ll see in 2026 affects domestic violence survivors who worry about employment stability. AB 406 reinforces protections provided in the Labor Code. This law prohibits employers from discriminating against, retaliating against, or terminating an employee who takes time off for a variety of approved reasons, including seeking legal relief as a victim of domestic violence. This includes taking time off to seek a restraining order, safety planning, court proceedings, and other needs. If a victim of domestic violence needs to meet with their child custody attorney to develop a plan to protect their child, this law can relieve some employment insecurity.
Major Updates to Domestic Violence Restraining Orders
California courts have also altered how DVROs (domestic violence restraining orders) are modified and renewed. If a victim’s safety needs change, it is now easier for them to request mid-order modifications. This may provide flexibility when people move, change jobs, or face new threats from an ex-partner.
Tied into this is a heightened focus on ongoing risk when it’s time to renew a DVRO. Survivors do not necessarily need to prove that a new safety incident has occurred; they may have to demonstrate that they have ongoing safety concerns.
Custody Determinations—Safety First Trends
California has long put a child’s best interests at the center of custody decisions. In 2026, you’ll see courts focusing on safety within that context. Under Family Code 3044, if a court determines that a parent has committed domestic violence within the last five years, there is a rebuttable presumption that giving custody to that parent is against the child’s best interests. The parent who committed domestic violence can still rebut that assumption, but the initial assumption works in the victim’s favor.
As courts approach new and ongoing cases in 2026, they’ll continue to look at each parent’s overall stability. This includes any history of abuse, substance misuse, criminal history, and their ability to provide a safe environment for a child.
Family Preparedness Plan Act
No one ever plans to be separated from their children, but disruptions in daily life can leave families without a plan. This is particularly important in the context of child custody, where each parent essentially acts as a single parent during their custodial time. The Family Preparedness Plan Act strives to plan ahead for unplanned separations caused by immigration action, unexpected hospitalization, military deployment, incarceration, and other issues leading to sudden absence. With this law, parents can plan in advance by naming a non-parent caregiver to act on their behalf or grant temporary joint guardianship.
Child Welfare and Abuse Prevention Efforts
A new program rolling out in 2026 aims to help counties and state agencies improve their child welfare services. This law, AB 779, allows counties to set up a three-year pilot program that connects domestic violence consultants with county social workers to show them how to support families dealing with domestic violence and child maltreatment. A related law requires the Office of Child Abuse Prevention to develop a standardized curriculum for mandated reporters, which will make it easier for mandated reporters to identify and report child abuse. This may save children’s lives and support parents embroiled in custody battles with abusive co-parents by providing third-party evidence of the co-parent’s abuse.
Choose our Victorville Family Law Firm for Your Child Custody Case
By working with a child custody lawyer, you can advocate for your child and take steps to protect your parenting time. Set up a consultation with our child custody law firm now by reaching out online or calling us at 760-245-7310.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.