Bill Text: CA AB2416 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 2416 (Prior Session Legislation)

Bill Title: Child custody: parent on active military duty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 466, Statutes of 2010. [AB2416 Detail]

Download: California-2009-AB2416-Chaptered.html

BILL NUMBER: AB 2416	CHAPTERED
	BILL TEXT

	CHAPTER  466
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2010
	PASSED THE SENATE  AUGUST 11, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	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, 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 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, mobilized, or on temporary duty, as specified, and
would establish a presumption that, upon the return of that party,
the order shall revert back to the custody order that was in place
prior to the modification. The bill would further authorize the court
to grant reasonable visitation rights to a stepparent, grandparent,
or other family member if the court finds a preexisting relationship,
as specified, that the visitation would facilitate the child's
contact with the party who is deployed, mobilized, or on temporary
duty, and the court balances the interest of the child in having
visitation with the family member against the right of the parents to
exercise parental authority. The bill would require the court to
order an expedited hearing or allow the party who is deployed,
mobilized, or on temporary duty to present evidence and participate
in court-ordered custody mediation by electronic means under
specified circumstances.



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, 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, a modification of the existing custody order shall be deemed
a temporary custody order, which shall be subject to review and
reconsideration upon the return of the party from military
deployment, mobilization, or temporary duty. If the temporary order
is reviewed upon return of the party from military deployment,
mobilization, or temporary duty, there shall be a presumption that
the custody order shall revert to the order that was in place before
the modification, 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 means
that are reasonably available.
   (B) Upon a motion by the relocating party, the court may grant
reasonable visitation rights to a stepparent, grandparent, or other
family member if the court does all of the following:
   (i) Finds that there is a preexisting relationship between the
family member and the child that has engendered a bond such that
visitation is in the best interest of the child.
   (ii) Finds that the visitation will facilitate the child's contact
with the relocating party.
   (iii) Balances the interest of the child in having visitation with
the family member against the right of the parents to exercise
parental authority.
   (C) Nothing in this paragraph shall increase the authority of the
persons described in subparagraph (B) to seek visitation orders
independently.
   (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 expeditious process to resolve child custody
and visitation issues when a party receives temporary duty,
deployment, or mobilization orders from the military.