California Assembly Bill AB2416 Amended / Bill

 BILL NUMBER: AB 2416AMENDED BILL TEXT 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, as amended, 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  the   that  party, the order shall revert back to the custody order that was in place prior to the  temporary order   modification  . The bill would further authorize the court to grant  reasonable  visitation rights to a stepparent  or   ,  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  would be in the best interest of the child   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. 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 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  and the court modifies the   , a modification of the  existing custody order  , the modification  shall be deemed a temporary custody order  and   , which  shall be subject to review and reconsideration upon the return of the party  from milita   ry deployment  . If the temporary order is reviewed  upon   return of the party from military deployment  , there shall be a presumption that the  custody  order shall revert to the order that was in place before the  temporary order   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  whatever  means  are   that are reasonably  available. (B) Upon a motion by the relocating party, the court may  order that a stepparent, grandparent, or other family member with a preexisting close relationship with the child be granted visitation rights if that visitation is in the best interest of the child and will facilitate the child's contact with the relocating party.   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, and the court shall not grant visitation to a nonparent over the objection of a parent if it would violate the fundamental rights of the parent.   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  swift   expeditious  process to resolve child custody and visitation issues when a party receives temporary duty, deployment, or mobilization orders from the military.