Bill Text: CA AB2098 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Child custody: preferences of child.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2098 Detail]

Download: California-2015-AB2098-Introduced.html

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BILL NUMBER: AB 2098	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein
   (Principal coauthor: Senator Anderson)
   (Coauthor: Assembly Member Waldron)
   (Coauthors: Senators Beall, Cannella, and Fuller)

                        FEBRUARY 17, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2098, as introduced, Maienschein. Child custody: preferences of
child.
    Existing law requires the 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.
Existing law also requires 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.
   This bill would instead require the court to permit a child who is
7 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.
   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 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   seven  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 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   seven  years
of age from addressing the court regarding custody or visitation, if
the court determines that is appropriate pursuant to the child's best
interests.
   (e) If the court precludes the calling of 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) To assist the court in determining whether the child wishes to
express his or her preference 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 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.