Bill Text: CA AB1050 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child custody: preferences of child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-08-27 - Chaptered by Secretary of State - Chapter 187, Statutes of 2010. [AB1050 Detail]

Download: California-2009-AB1050-Amended.html

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BILL NUMBER: AB 1050	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2010
	AMENDED IN ASSEMBLY  APRIL 16, 2009
	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 27, 2009

   An act to amend Section 3042 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1050, as amended, Ma. Child custody: preferences of child.
   Existing law requires the family court, if a child is of
sufficient age and capacity to reason so as to form an intelligent
preference as to custody, to consider and give due weight to the
wishes of the child in making an order granting or modifying custody.

   This bill would require the family court to consider and give due
weight to the wishes of a child in making an order granting or
modifying custody  or visitation  , if the child is of
sufficient age and capacity to form an intelligent preference as to
custody or visitation.  The bill would require the court to
permit a child who is 14 years of age or older to address the court
regarding custody or visitation unless the court determines that
doing so is not in the child's best   interests, and, in
that case, the bill would require the court to make that finding on
the record. The bill would require the court to provide alternative
means of obtaining information regarding the child's preferences if
the court precludes the calling of a child as a witness. The bill
would require the Judicial Council, no later than January 1, 2012, to
promulgate a rule of court establishing procedures for the
examination of a child witness, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3042 of the Family Code is amended to read:
   3042.  (a) If a child is of sufficient age and capacity to reason
so as to form an intelligent preference as to custody or visitation,
the court shall consider, and give due weight to, the wishes of the
child in making an order granting or modifying  custody,
particularly if the health, safety, or welfare of the child is at
issue.   custody or visitation. 
   (b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
a child witness so as to protect the best interests of the child.
 The court may preclude the calling of the child as a witness
if the best interests of the child so dictate and may provide
alternative means of obtaining information regarding the child's
preferences.  
   (c) If the child is 14 years of age or older and wishes to address
the court regarding custody or visitation, the child shall be
permitted to do so, unless the court determines that doing so is not
in the child's best interests. In that case, the court shall make
that finding on the record.  
   (d) Nothing in this section shall be interpreted to prevent a
child who is less than 14 years of age from addressing the court
regarding custody or visitation, if the court determines that is
appropriate pursuant to the child's best interest.  
   (e) If the court precludes the calling of a child as a witness,
the court shall provide alternative means of obtaining information
regarding the child's preferences.  
   (f) Nothing in this section shall be construed to require a child
to express to the court his or her preference as to custody or
visitation.  
   (g) To assist the court in determining whether a child wishes to
express his or her preference as to custody or visitation to the
court, a minor's counsel, an evaluator, an investigator, or a
mediator who provides recommendations to the judge pursuant to
Section 3183 shall indicate to the judge that the child wishes to
address the court, or the judge may make that inquiry in the absence
of that request. A party or a party's attorney may also indicate to
the judge that the child wishes to address the court or judge. 

   (h) The Judicial Council shall, no later than January 1, 2012,
promulgate a rule of court establishing procedures for the
examination of a child witness, and include guidelines on methods
other than direct testimony for obtaining information from a child on
his or her preferences.