BILL NUMBER: AB 1050	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 27, 2009

   An act to amend Section 3042 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1050, as introduced, Ma. Child custody: preferences of child.
   Existing law requires the family court, if a child is of
sufficient age and capacity to form an intelligent preference as to
custody, to consider and give due weight to the wishes of the child
in making an order granting or modifying custody. The court is
required to control the examination of a child witness to protect the
best interests of the child, and may preclude the calling of the
child as a witness if it is in the best interest of the child.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 3042 of the Family Code is amended to read:
   3042.  (a) If a child is of sufficient age and capacity to reason
so as to form an intelligent preference as to custody, the court
shall consider  ,  and give due weight to  ,  the
wishes of the child in making an order granting or modifying custody.

   (b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
 the   a  child witness so as to protect
the best interests of the child. The court may preclude the calling
of the child as a witness  where   if  the
best interests of the child so dictate and may provide alternative
means of obtaining information regarding the child's preferences.