BILL NUMBER: AB 164	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007
	AMENDED IN ASSEMBLY  MARCH 5, 2007

INTRODUCED BY   Assembly Member Smyth

                        JANUARY 22, 2007

   An act to  add Section 3025.2 to   amend
Section 3025 of  the Family Code, relating to child custody.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 164, as amended, Smyth. Child custody: child's records.
   Under existing law, a parent shall not be denied access to records
and information pertaining to a minor child, including, but not
limited to, medical, dental, and school records, because that parent
 does not have physical custody of the child  is
not the child's custodial parent  .
   This bill would require the court, in making an order  of
  for  sole  physical and  legal custody
 in one parent  , to specify whether the parent who has
 no   neither physical nor  legal custody
shall have access to the records and information described above.
   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 3025 of the   Family
Code   is amended to read: 
   3025.   (a)    Notwithstanding any other
provision of law, access to records and information pertaining to a
minor child, including, but not limited to, medical, dental, and
school records, shall not be denied to a parent  because that
parent is not the child's custodial parent   with
either physical or legal custody of a child, unless a court orders
otherwise  . 
   (b) (1) In making an order for sole physical and legal custody in
one parent, the court shall specify whether the parent who has
neither physical nor legal custody shall have access to records and
information pertaining to a minor child.  
   (2) This subdivision shall not be applicable to orders entered
prior to January 1, 2008.  
  SECTION 1.    Section 3025.2 is added to the
Family Code, to read:
   3025.2.  In making an order of sole legal custody, the court shall
specify whether the parent who has no legal custody shall have
access to the records and information specified in Section 3025.