BILL NUMBER: SB 1188	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2010
	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2010

   An act to add Section 3049 to the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1188, as amended, Wright. Child custody: disabled parent.
   Existing law requires a court to award custody of a child
according to the best interest of the child, and further requires a
court to grant reasonable visitation rights to a parent unless it is
shown that the visitation would be detrimental to the best interest
of the child. Existing law requires a court, when determining the
best interest of the child, to consider the health, safety, and
welfare of the child, among other factors.
   This bill would provide that  there is a rebuttable
presumption affecting the burden of proof that  a parent's
disability may not form the basis for an order granting child custody
or visitation to another party, or for an order imposing a condition
or limitation on custody or visitation, as specified, unless
 that other party establishes by clear and convincing
evidence   there is a finding  that an award of
custody or visitation to, or a condition or limitation on custody or
visitation by, the disabled parent would  be detrimental to
the health, safety, and welfare of the child   not be in
the best interest of the child  , as specified.
   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 3049 is added to the Family Code, to read:
   3049.  In any proceeding to determine child custody or visitation
under this part, in which at least one parent is disabled as defined
by the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
 12101 et seq.), there is a rebuttable presumption affecting
the burden of proof that   12101 et seq.),  the
disability of that parent may not form the basis for an order
granting custody or visitation to another party, or for an order for
imposing any condition or limitation on an award of custody to or
visitation by the disabled parent, unless  that other party
establishes by clear and convincing evidence that  
there is a finding by the court that  a grant of custody or
visitation to, or a condition or limitation on custody or visitation
by, the disabled parent would  be detrimental to the health,
safety, and welfare of the child. This section applies  
not be in the best interest of the child. This section applies 
to any proceeding regarding custody or visitation, including, but
not limited to, a request for a modification of an existing order for
custody or visitation.