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  AUGUST 2, 2010
	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  , on and after January 1, 2012,  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   state its reasons for  that finding
on the record. The bill would require the court to provide
alternative means of obtaining  input from the child and other
 information regarding the child's preferences if the court
precludes the calling of  a   any  child as
a witness. The bill would require the Judicial Council  to 
, 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: 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 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.
   (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   state its reasons for  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 
 interests  .
   (e) If the court precludes the calling of  a 
 any  child as a witness, the court shall provide
alternative means of obtaining  input from the child and other
 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) 
    (f)  To assist the court in determining whether 
a   the  child wishes to express his or her
preference  as to   or to provide other input
regarding  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. 
   (g) Nothing in this section shall be construed to require the
child to express to the court his or her preference or to provide
other input regarding custody or visitation. 
   (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.   or other input from
the child regarding custody or visitation.  
   (i) The changes made to subdivisions (a) to (g), inclusive, by the
act adding this subdivision shall become operative on January 1,
2012.