BILL NUMBER: SB 1482	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Romero

                        FEBRUARY 23, 2006

   An act to amend Section 7501 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1482, as introduced, Romero  Child custody.
   Existing law provides that a parent who is entitled to the custody
of a child has a right to change the residence of the child, subject
to the power of the court to restrain a removal that would prejudice
the rights or welfare of the child.
   This bill would authorize a court to deny a noncustodial parent's
request to modify custody based on a change of residence of the
child, without holding an evidentiary hearing, if the noncustodial
parent's allegation or showing of detriment to the child is not
substantial in light of all the circumstances presented in the case,
or is otherwise legally insufficient to warrant relief.
   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 7501 of the Family Code is amended to read:
   7501.  (a) A parent entitled to the custody of a child has a right
to change the residence of the child, subject to the power of the
court to restrain a removal that would prejudice the rights or
welfare of the child.
   (b)  A trial court may deny a noncustodial parent's request to
modify custody based on a change of residence of the child 
 without holding an evidentiary hearing, if the noncustodial
parent's allegation or showing of detriment to the child is not
substantial in light of all the circumstances presented in the case,
or is otherwise   legally insufficient to warrant relief.

    (c)  It is the intent of the Legislature to affirm the
decision in In re Marriage of Burgess (1996) 13 Cal.4th 25, and to
declare that ruling to be the public policy and law of this state.