California Assembly Bill AB2416 Introduced / Bill

 BILL NUMBER: AB 2416INTRODUCED BILL TEXT 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, as introduced, 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 prohibit the court from considering a party's absence, relocation, or failure to comply with custody and visitation orders in determining whether to modify a custody or visitation order if the reason for the absence, relocation, or failure to comply is 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, as specified, and to delegate the party's visitation rights to a family member or a stepparent, as specified. The bill would require the court to order an expedited hearing or allow the party to present evidence by electronic means under specified circumstances. 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 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   be considered in determining whether to modify  a custody or visitation order if the reason for the absence, relocation, or failure to comply is the party's activation to military  service and   duty or temporary duty, mobilization in support of combat or other military operation, or military  deployment out of state.  (b) 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, the court may do both of the following:   (1) Issue a temporary custody or visitation order for the period extending from the date of the party's departure to the date of his or her return. This temporary custody or visitation order shall terminate upon the return of the party, at which time the prior custody or visitation order shall return to effect.   (2) Issue an order delegating all or part of the party's visitation rights to a family member with a close relationship to the child, or a stepparent of the child pursuant to Section 3101, for the purpose of ensuring that the child's contact with the party is frequent and continued while the party is deployed, mobilized, or on temporary duty, if the court finds that delegating visitation rights is in the best interest of the child.   (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 by electronic means, including, but not limited to, telephone, video teleconferencing, or the Internet.   (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 swift process to resolve child custody and visitation issues when a party receives temporary duty, deployment, or mobilization orders from the military.