BILL NUMBER: AB 265	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Haynes

                        FEBRUARY 8, 2005

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 265, as introduced, Haynes.   Child custody: parents on active
military duty.
    Existing law governs matters to be considered in granting the
custody of a child. Existing law requires that custody be granted
according to the best interest of the child, as specified.
   This bill would prohibit a court from modifying an order granting
custody of a child if the party who was granted custody of the child
is a member of the California National Guard and he or she has been
called to active duty, unless the court determines that modifying the
order is in the best interest of the child and the party has either
died while on active duty or is no longer able to provide adequate
care for the child.
   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 is added to the  Family Code , to read:
   3047.  (a) Except as otherwise provided in subdivision (b), if a
party has been granted custody of a child, the court shall not modify
the order granting custody of the child, if the party meets all of
the following criteria:(1)  He or she is a member of the California
National Guard.
   (2) He or she is a resident of California.
   (3) He or she has been called to active duty.
   (b) A court may modify an order granting custody of a child to a
party who has met the criteria described in subdivision (b) if the
court determines that modifying the order is in the best interest of
the child and either of the following applies:
   (1) The party has died while on active duty with the Armed Forces
of the United States.
   (2) The party is no longer able to provide adequate care for the
child consistent with the court's determination of the best interest
of the child.