Bill Text: CA SB261 | 2011-2012 | Regular Session | Introduced

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Bill Title: Child custody: deceased parent.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB261 Detail]

Download: California-2011-SB261-Introduced.html

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BILL NUMBER: SB 261	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 10, 2011

   An act to amend Section 3010 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 261, as introduced, Harman. Child custody: deceased parent.
   Existing law provides that the mother of an unemancipated minor
child and the father, if presumed to be the father, as specified, are
equally entitled to the custody of the child, and that if one parent
is dead, unable or refuses to take custody, or has abandoned the
child, the other parent is entitled to custody. Existing law permits
a court, during the pendency of a custody proceeding or any time
thereafter, to make an order for the custody of a child during
minority that seems necessary or proper.
   This bill would specify that a court, in the event of the death of
a parent, retains jurisdiction to make any orders required to effect
the right of a parent to custody, as described above, and would
prescribe notice requirements in this regard.
   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 3010 of the Family Code is amended to read:
   3010.  (a) The mother of an unemancipated minor child and the
father, if presumed to be the father under Section 7611, are equally
entitled to the custody of the child.
   (b) If one parent is dead, is unable or refuses to take custody,
or has abandoned the child, the other parent is entitled to custody
of the child. 
   (c) In the event of the death of a parent, the court retains
jurisdiction to make any orders required in an existing case to
effect the rights provided under subdivision (b). Notice of the
application for any orders under this subdivision shall be served at
least 15 days prior to the hearing as follows:  
   (1) As provided in subdivision (b) of Section 1511 of the Probate
Code, on the persons designated in that subdivision and on any other
person maintaining the care of the child.  
   (2) On the relatives within the second degree of the child, except
those served pursuant to paragraph (1), in the manner provided in
subdivision (c) of Section 1511 of the Probate Code.