BILL NUMBER: AB 297	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 12, 2015

   An act to amend Section 3042 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 297, as introduced, Lackey. Child custody: preferences of
child.
   Existing law requires the court to consider and give due weight to
the wishes of a child in making an order granting or modifying
custody or visitation, if the child is of sufficient age and capacity
to form an intelligent preference as to custody or visitation.
Existing law also requires the court to permit a child who is 14
years of age or older to address the court regarding custody or
visitation, unless the court determines that doing so is not in the
child's best interests.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 3042 of the Family Code is amended to read:
   3042.  (a) If a child is of sufficient age and capacity to reason
so as to form an intelligent preference as to custody or visitation,
the court shall consider, and give due weight to, the wishes of the
child in making an order granting or modifying custody or visitation.

   (b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
a child witness so as to protect the best interests of the child.
   (c) If the child is 14 years of age or older and wishes to address
the court regarding custody or visitation, the child shall be
permitted to do so, unless the court determines that doing so is not
in the child's best interests. In that case, the court shall state
its reasons for that finding on the record.
   (d)  Nothing in this   This   
section shall  not  be interpreted to prevent a child who is
less than 14 years of age from addressing the court regarding
custody or visitation, if the court determines that is appropriate
pursuant to the child's best interests.
   (e) If the court precludes the calling of  any 
 a  child as a witness, the court shall provide alternative
means of obtaining input from the child and other information
regarding the child's preferences.
   (f) To assist the court in determining whether the child wishes to
express his or her preference or to provide other input regarding
custody or visitation to the court, a minor's counsel, an evaluator,
an investigator, or a mediator who provides recommendations to the
judge pursuant to Section 3183 shall indicate to the judge that the
child wishes to address the court, or the judge may make that inquiry
in the absence of that request. A party or a party's attorney may
also indicate to the judge that the child wishes to address the court
or judge.
   (g)  Nothing in this   This   
section shall  not  be construed to require the child to
express to the court his or her preference or to provide other input
regarding custody or visitation.
   (h) The Judicial Council shall, no later than January 1, 2012,
promulgate a rule of court establishing procedures for the
examination of a child witness, and include guidelines on methods
other than direct testimony for obtaining information or other input
from the child regarding custody or visitation. 
   (i) The changes made to subdivisions (a) to (g), inclusive, by the
act adding this subdivision shall become operative on January 1,
2012.