BILL NUMBER: AB 2416	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 19, 2010

   An act to amend Section 3047 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2416, as introduced, Cook. Child custody: parent on active
military duty.
    Existing law provides that a party's absence, relocation, or
failure to comply with custody and visitation orders is not, by
itself, sufficient to justify a modification of a custody or
visitation order if the reason for the absence, relocation, or
failure is the party's activation to military service and deployment
out of state.
   This bill would prohibit the court from considering a party's
absence, relocation, or failure to comply with custody and visitation
orders in determining whether to modify a custody or visitation
order if the reason for the absence, relocation, or failure to comply
is the party's activation to military service, mobilization in
support of combat or other military operation, or military deployment
out of state, as defined. The bill would authorize the court to
issue a temporary order for custody and visitation for the period in
which the party will be deployed, as specified, and to delegate the
party's visitation rights to a family member or a stepparent, as
specified. The bill would require the court to order an expedited
hearing or allow the party to present evidence by electronic means
under specified circumstances.
   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 3047 of the Family Code is amended to read:
   3047.   (a)    A party's absence, relocation, or
failure to comply with custody and visitation orders shall not
 , by itself, be sufficient to justify a modification of
  be considered in determining whether to modify  a
custody or visitation order if the reason for the absence,
relocation, or failure to comply is the party's activation to
military  service and   duty or temporary duty,
mobilization in support of combat or other military operation, or
military  deployment out of state. 
   (b) If a party with sole or joint physical custody or visitation
receives temporary duty, deployment, or mobilization orders from the
military that require the party to move a substantial distance from
his or her residence or otherwise has a material effect on the
ability of the party to exercise custody or visitation rights, the
court may do both of the following:  
   (1) Issue a temporary custody or visitation order for the period
extending from the date of the party's departure to the date of his
or her return. This temporary custody or visitation order shall
terminate upon the return of the party, at which time the prior
custody or visitation order shall return to effect.  
   (2) Issue an order delegating all or part of the party's
visitation rights to a family member with a close relationship to the
child, or a stepparent of the child pursuant to Section 3101, for
the purpose of ensuring that the child's contact with the party is
frequent and continued while the party is deployed, mobilized, or on
temporary duty, if the court finds that delegating visitation rights
is in the best interest of the child.  
   (c) If a party's deployment, mobilization, or temporary duty will
have a material effect on his or her ability, or anticipated ability,
to appear in person at a regularly scheduled hearing, the court
shall do either of the following:  
   (1) Upon motion of the party, hold an expedited hearing to
determine custody and visitation issues prior to the departure of the
party.  
   (2) Upon motion of the party, allow the party to present testimony
and evidence by electronic means, including, but not limited to,
telephone, video teleconferencing, or the Internet.  
   (d) For purposes of this section, the following terms have the
following meanings:  
   (1) "Deployment" means the temporary transfer of a member of the
Armed Forces in active-duty status in support of combat or some other
military operation.  
   (2) "Mobilization" means the transfer of a member of the National
Guard or Military Reserve to extended active-duty status, but does
not include National Guard or Military Reserve annual training. 

   (3) "Temporary duty" means the transfer of a service member from
one military base to a different location, usually another base, for
a limited period of time to accomplish training or to assist in the
performance of a noncombat mission.  
   (e) It is the intent of the Legislature that this section provide
a fair, efficient, and swift process to resolve child custody and
visitation issues when a party receives temporary duty, deployment,
or mobilization orders from the military.