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 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, if the child is of sufficient age and capacity to
form an intelligent preference as to custody or visitation. 
The bill would provide, for purposes of this provision, that a child
shall be presumed to be of sufficient age and capacity to form an
intelligent preference if the child is 10 years of age or older.

   Vote: majority. Appropriation: no. Fiscal committee: no.
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. 
A child shall be presumed to be of sufficient age and capacity to
reason so as to form an intelligent preference if the child is 10
years of age or older.. 
   (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.