California’s New Child Custody Law: Firearm Access Now a Key Factor
In a significant development for California family law, courts across the state are now required to consider a parent’s illegal firearm access or ownership when making certain child custody and visitation decisions. This 2025 legal reform demonstrates California’s stance that gun access, even without a history of violence, can create serious risks in contentious family situations.
This is not to say that gun ownership is automatically going to be a problem in child custody and visitation cases. However, there are strict safety standards and rules that must be met, and real consequences if a parent fails to meet those standards. Understanding this new facet in the law is imperative to parents navigating these issues in a child custody case.
What Changed in 2025?
Effective January 1, 2025, amendments to California Family Code sections 3100 and 3064 expanded the definition of immediate harm in emergency situations and provided clearer guidelines for visitation. Judges must consider whether a parent or guardian has access to or ownership of a firearm in violation of the law. This includes situations where a parent is under a restraining order or otherwise legally prohibited from possessing firearms—but still maintains access to them.
This shift means judges now have explicit authority to deny or limit visitation, order supervised visitation, or even modify existing custody orders if there’s evidence of unlawful firearm access.
Why This Matters
Under California’s new law AB 3072, if a parent is found to have illegal access to firearms – like violating safe storage rules, for example – the court MUST consider that as evidence of “immediate harm” to the child when making ex-parte (emergency) custody and visitation orders.
Historically, California family courts have considered domestic violence, substance abuse, and criminal history when evaluating a child’s safety in custody disputes. The 2025 firearm access provision expands this safety lens to include potential threats stemming from illegal gun possession.
Additionally, if a court finds that a parent is residing in a confidential shelter due to domestic violence or fear of domestic violence from the other parent, the court must take into account the other parent’s access to firearms and ammunition when determining the type of visitation to be ordered with the other parent.
The changes introduced by the new law affect how ex-parte (emergency) orders are granted, how visitation is arranged, and how the court considers the safety of children in custody cases.
How It Works in Practice
In custody cases, either party can present evidence related to gun access. Judges may also:
- Require declarations under penalty of perjury regarding firearm ownership.
- Order searches of court databases for restraining orders or prior convictions.
- Request proof of compliance with firearm surrender orders.
If a parent is found to be in violation of firearm restrictions, the court may take any of the following actions:
- Order supervised visitation: in order to ensure the child is not exposed to an unsafe environment.
- Limit visitation: potentially restricting times or places that visitation may take place.
- Suspend visitation entirely: until the parent comes into compliance with safe firearm requirements and adequately demonstrates such compliance.
- Deny custody: whether in part or in full, if the risk is judged to be high enough.
Contact Cardwell Steigerwald Young, LLP
Whether together or apart – the safety of the children is paramount in parent’s minds. If you have questions or need help in your own case, contact an esteemed San Francisco family law attorney at Cardwell Steigerwald Young, LLP.
Sources:
gov.ca.gov/2024/09/24/governor-newsom-signs-bipartisan-legislation-to-strengthen-californias-gun-laws/
California Family Code section 3100 and 3064
