BILL NUMBER: AB 2416 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 19, 2010
An act to amend Section 3047 of the Family Code, relating to child
custody.
LEGISLATIVE COUNSEL'S DIGEST
AB 2416, as amended, Cook. Child custody: parent on active
military duty.
Existing law provides that a party's absence, relocation, or
failure to comply with custody and visitation orders is not, by
itself, sufficient to justify a modification of a custody or
visitation order if the reason for the absence, relocation, or
failure is the party's activation to military service and deployment
out of state.
This bill would prohibit the court from considering a
party's absence, relocation, or failure to comply with custody and
visitation orders in determining whether to modify a custody or
visitation order if the reason for the apply this
provision to cases in which a party's absence, relocation, or
failure to comply is due to the party's activation to
military service, mobilization in support of combat or other military
operation, or military deployment out of state, as defined. The bill
would authorize the court to issue a temporary order for custody and
visitation for the period in which the party will be deployed,
as specified, and to delegate the party's visitation rights
to a family member or a stepparent, as specified
mobilized, or on temporary duty, and would establish a presumption
that, upon the return of the party, the order shall revert back to
the custody order that was in place prior to the temporary order. The
bill would further authorize the court to grant visitation rights to
a stepparent or grandparent if the court finds that the visitation
would facilitate the child's contact with the party and would be in
the best interest of the child . The bill would require the
court to order an expedited hearing or allow the party to present
evidence a nd participate in court-
ordered custody mediation by electronic means under specified
circumstances.
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 of the Family Code is amended to read:
3047. (a) A party's absence, relocation, or failure to comply
with custody and visitation orders shall not be considered
in determining whether to modify , by itself, be
sufficient to justify a modification of a custody or visitation
order if the reason for the absence, relocation, or failure to
comply is the party's activation to military duty or temporary duty,
mobilization in support of combat or other military operation, or
military deployment out of state.
(b) (1) If a party with sole or joint
physical custody or visitation receives temporary duty, deployment,
or mobilization orders from the military that require the party to
move a substantial distance from his or her residence or otherwise
has a material effect on the ability of the party to exercise custody
or visitation rights , the court may do both of the
following:
(1) Issue a temporary custody or visitation order for the period
extending from the date of the party's departure to the date of his
or her return. This temporary custody or visitation order shall
terminate upon the return of the party, at which time the prior
custody or visitation order shall return to effect.
(2) Issue an order
delegating all or part of the party's visitation rights to a family
member with a close relationship to the child, or a stepparent of the
child pursuant to Section 3101, for the purpose of ensuring that the
child's contact with the party is frequent and continued while the
party is deployed, mobilized, or on temporary duty, if the court
finds that delegating visitation rights is in the best interest of
the child. and the court modifies the existing custody
order, the modification shall be deemed a temporary
custody order and shall be subject to review and reconsideration upon
the return of the party. If the temporary order is reviewed, there
shall be a presumption that the order shall revert to the
order that was in place before the temporary order, unless the court
determines that it is not in the best interest of the child.
(2) (A) If the court makes a temporary custody order, it shall
consider any appropriate orders to ensure that the relocating party
can maintain frequent and continuing contact with the child by
whatever means are available.
(B) Upon a motion by the relocating party, the court may order
that a stepparent, grandparent, or other family member with a
preexisting close relationship with the child be granted visitation
rights if that visitation is in the best interest of the child and
will facilitate the child's contact with the relocating party.
(C) Nothing in this paragraph shall increase the authority of the
persons described in subparagraph (B) to seek visitation orders
independently, and the court shall not grant visitation to a
nonparent over the objection of a parent if it would violate the
fundamental rights of the parent.
(D) The granting of visitation rights to a nonparent pursuant to
subparagraph (B) shall not impact the calculation of child support.
(c) If a party's deployment, mobilization, or temporary duty will
have a material effect on his or her ability, or anticipated ability,
to appear in person at a regularly scheduled hearing, the court
shall do either of the following:
(1) Upon motion of the party, hold an expedited hearing to
determine custody and visitation issues prior to the departure of the
party.
(2) Upon motion of the party, allow the party to present testimony
and evidence and participate in court-ordered child custody
mediation by electronic means, including, but not limited to,
telephone, video teleconferencing, or the Internet , to the
extent that this technology is reasonably available to the court and
protects the due process rights of all parties .
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Deployment" means the temporary transfer of a member of the
Armed Forces in active-duty status in support of combat or some other
military operation.
(2) "Mobilization" means the transfer of a member of the National
Guard or Military Reserve to extended active-duty status, but does
not include National Guard or Military Reserve annual training.
(3) "Temporary duty" means the transfer of a service member from
one military base to a different location, usually another base, for
a limited period of time to accomplish training or to assist in the
performance of a noncombat mission.
(e) It is the intent of the Legislature that this section provide
a fair, efficient, and swift process to resolve child custody and
visitation issues when a party receives temporary duty, deployment,
or mobilization orders from the military.