BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2517|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 2517
Author: Tran (R)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/27/06
AYES: Dunn, Escutia, Harman, Kuehl
NO VOTE RECORDED: Morrow
ASSEMBLY FLOOR : 79-0, 5/15/06 (Consent) - See last page
for vote
SUBJECT : Minor children: visitation rights
SOURCE : Author
DIGEST : This bill allows a grandparent to petition the
court for visitation with their grandchild when the natural
or adoptive parents are married, and the grandchild has
been adopted by a stepparent.
ANALYSIS : Existing law allows a court to grant
reasonable visitation to a grandparent if the court
determines that visitation is in the best interests of the
child. [Section 3103 of the Family Code (FAM)] Existing
law requires a court, prior to granting visitation, to find
a preexisting relationship with the grandparent such that
visitation is in the best interests of the child, and
balance the interest of the child in having visitation
against the parent's rights. [FAM Section 3104(a)]
CONTINUED
AB 2517
Page
2
Existing law prevents grandparents from petitioning for
visitation while the natural or adoptive parents are
married, unless (1) the parents are currently living
separately and apart on a permanent or indefinite basis,
(2) one or more of the parents has been absent for more
than one month without the other spouse knowing the
whereabouts of the absent spouse, (3) one of the parents
joins in the petition with the grandparents, or (4) the
child is not residing with either parent. [FAM Section
3104]
This bill adds when a "child has been adopted by a
stepparent" to the above list of circumstances where a
grandparent can file a petition for visitation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/5/06)
California Alliance for Retired Americans
Family Law Section of the State Bar
Foundation for Grandparenting
Grandkidsandme Foundation
Marian Bergeson, Former State Senator, AARP
ARGUMENTS IN SUPPORT : According to the author, and
numerous supporters:
"[This bill] would allow grandparents to petition the
court for visitation of their grandchild, after their
grandchild has been adopted by a new stepparent. The
grandparent/grandchild relationship is one that is
especially vital to retain in today's changing
families.
"Often families are ripped apart through divorce or
other negative circumstances. Solid relationships that
children could once count on, are then in doubt and
become less stable. Stability can come through
maintaining strong grandparent/grandchild relationships
through those family changes. Grandparents often play
AB 2517
Page
3
many roles in a family. They offer emotional support
and comfort, relay family history, and give advice.
. . .
"Simply, AB 2517 would allow grandparents to petition
the court for visitation of their grandchildren after a
stepparent adoption has occurred. This will allow the
court to decide if visitation with the grandparent is
in the best interest of the child. If so, it will allow
the grandchild/ grandparent relationships to continue
where they are needed most."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Lieu, Liu, Matthews, Maze, Montanez, Mountjoy,
Mullin, Nakanishi, Nation, Nava, Negrete McLeod, Niello,
Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas,
Sharon Runner, Ruskin, Saldana, Salinas, Spitzer,
Strickland, Torrico, Tran, Umberg, Vargas, Villines,
Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: McCarthy
RJG:mel 7/5/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****