BILL NUMBER: SB 1188	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 29, 2010
	AMENDED IN ASSEMBLY  JUNE 3, 2010
	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  APRIL 22, 2010
	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wright

                        FEBRUARY 18, 2010

   An act to add Section 3049 to the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1188, as amended, Wright. Child custody: disabled parent.
   Existing law requires a court to award custody of a child
according to the best interest of the child, and further requires a
court to grant reasonable visitation rights to a parent unless it is
shown that the visitation would be detrimental to the best interest
of the child. Existing law requires a court, when determining the
best interest of the child, to consider the health, safety, and
welfare of the child, among other factors. 
   The California Supreme Court in In re Marriage of Carney (1979) 24
Cal.3d 725 determined that the mere fact of the disability of a
parent is not a proper basis upon which to make a determination
regarding custody or visitation without further inquiry, as
specified. 
   This bill would  provide that a parent's disability may
not form the basis for an order granting child custody or visitation
to another party, or for an order imposing a condition or limitation
on custody or visitation, as specified, unless there is a finding
that an award of custody or visitation to, or a condition or
limitation on custody or visitation by, the disabled parent would not
be in the best interest of the child, as specified  
state the intent of the Legislature to codify the decision of the
California Supreme Court described above with respect to custody and
visitation determinations by the court involving a disabled parent
 .
   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 3049 is added to the  
Family Code   , to read:  
   3049.  It is the intent of the Legislature in enacting this
section to codify the decision of the California Supreme Court in In
re Marriage of Carney (1979) 24 Cal.3d 725, with respect to custody
and visitation determinations by the court involving a disabled
parent.  
  SECTION 1.    Section 3049 is added to the Family
Code, to read:
   3049.  (a) In any proceeding to determine child custody or
visitation under this part, in which at least one parent is disabled,
the disability of that parent may not form the basis for an order
granting custody or visitation to another party, or for an order for
imposing any condition or limitation on an award of custody to or
visitation by the disabled parent, unless there is a finding by the
court that a grant of custody or visitation to, or a condition or
limitation on custody or visitation by, the disabled parent would not
be in the best interest of the child. This section applies to any
proceeding regarding custody or visitation, including, but not
limited to, a request for a modification of an existing order for
custody or visitation.
   (b) For purposes of this section, "disability" means any mental or
physical disability as defined in Section 51 of the Civil Code and
Sections 12926 and 12926.1 of the Government Code.
   (c) It is the intent of the Legislature in enacting this section
to codify the full reasoning and holding of the Supreme Court in In
re Marriage of Carney (1979) 24 Cal.3d 725.