Paul J Cook
- Republican
Author
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 466, Statutes of 2010.
Enrolled and to the Governor at 2:50 p.m.
Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6144.)
Assembly Rule 77 suspended. (Page 6144.)
Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4459.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.
Read second time. To third reading.
Read third time, amended. To second reading.
From Special Consent Calendar pursuant to Joint Rule 22.2.
Ordered to third reading.
Ordered to Special Consent Calendar.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 10).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 4598.)
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (April 6).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Read first time.
From printer. May be heard in committee March 23.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2416 | HTML |
| 02/19/10 - Introduced | |
| 03/23/10 - Amended Assembly | |
| 06/16/10 - Amended Senate | |
| 07/15/10 - Amended Senate | |
| 08/16/10 - Enrolled | |
| 09/29/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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