BILL NUMBER: SB 1188	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  AUGUST 2, 2010
	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, 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 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.


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.