BILL ANALYSIS AB 1050 Page 1 Date of Hearing: May 5, 2009 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 1050 (Ma) - As Amended: April 16, 2009 PROPOSED CONSENT SUBJECT : CHILD CUSTODY: CHILD PREFERENCES KEY ISSUE : SHOULD THE LAW BE CLARIFIED TO ENSURE THAT THE COURT IN A CHILD CUSTODY CASE CONSIDERS THE WISHES OF A CHILD WHO IS OF SUFFICIENT AGE AND CAPACITY TO FORM AN INTELLIGENT PREFERENCE? FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. SYNOPSIS This non-controversial bill clarifies that a court, in a child custody case, must consider the wishes of a child who is of sufficient age and capacity to reason, particularly if the health, safety or welfare of the child is at issue. There is no known opposition. SUMMARY : Clarifies that in a custody case, the court must consider, and give due weight to, the wishes of a child, who is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, particularly if the health, safety or welfare of the child is at issue. EXISTING LAW requires a court to consider and give due weight to the wishes of a child in making an order granting or modifying custody, provided the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody. (Family Code Section 3042.) COMMENTS : The non-controversial bill simply clarifies existing law by requiring the court in a child custody case to consider a child's wishes, particularly if the health, safety or welfare of the child is at issue. REGISTERED SUPPORT / OPPOSITION : AB 1050 Page 2 Support None on file Opposition None on file Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334