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