BILL ANALYSIS
AB 1050
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 1050 (Ma) - As Amended: April 16, 2009
PROPOSED CONSENT
SUBJECT : CHILD CUSTODY: CHILD PREFERENCES
KEY ISSUE : SHOULD THE LAW BE CLARIFIED TO ENSURE THAT THE COURT
IN A CHILD CUSTODY CASE CONSIDERS THE WISHES OF A CHILD WHO IS
OF SUFFICIENT AGE AND CAPACITY TO FORM AN INTELLIGENT
PREFERENCE?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial bill clarifies that a court, in a child
custody case, must consider the wishes of a child who is of
sufficient age and capacity to reason, particularly if the
health, safety or welfare of the child is at issue. There is no
known opposition.
SUMMARY : Clarifies that in a custody case, the court must
consider, and give due weight to, the wishes of a child, who is
of sufficient age and capacity to reason so as to form an
intelligent preference as to custody or visitation, particularly
if the health, safety or welfare of the child is at issue.
EXISTING LAW requires a court to consider and give due weight to
the wishes of a child in making an order granting or modifying
custody, provided the child is of sufficient age and capacity to
reason so as to form an intelligent preference as to custody.
(Family Code Section 3042.)
COMMENTS : The non-controversial bill simply clarifies existing
law by requiring the court in a child custody case to consider a
child's wishes, particularly if the health, safety or welfare of
the child is at issue.
REGISTERED SUPPORT / OPPOSITION :
AB 1050
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Support
None on file
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334