California Senate Bill SB1188 Amended / Bill

 BILL NUMBER: SB 1188AMENDED BILL TEXT AMENDED IN SENATE APRIL 22, 2010 AMENDED IN SENATE APRIL 13, 2010 AMENDED IN SENATE MARCH 25, 2010 INTRODUCED BY Senator Wright FEBRUARY 18, 2010 An act to add Section 3049 to the Family Code, relating to child custody. LEGISLATIVE COUNSEL'S DIGEST SB 1188, as amended, Wright. Child custody: disabled parent. Existing law requires a court to award custody of a child according to the best interest of the child, and further requires a court to grant reasonable visitation rights to a parent unless it is shown that the visitation would be detrimental to the best interest of the child. Existing law requires a court, when determining the best interest of the child, to consider the health, safety, and welfare of the child, among other factors. This bill would provide that  there is a rebuttable presumption affecting the burden of proof that  a parent's disability may not form the basis for an order granting child custody or visitation to another party, or for an order imposing a condition or limitation on custody or visitation, as specified, unless  that other party establishes by clear and convincing evidence   there is a finding  that an award of custody or visitation to, or a condition or limitation on custody or visitation by, the disabled parent would  be detrimental to the health, safety, and welfare of the child   not be in the best interest of the child  , as specified. 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 3049 is added to the Family Code, to read: 3049. In any proceeding to determine child custody or visitation under this part, in which at least one parent is disabled as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.  12101 et seq.), there is a rebuttable presumption affecting the burden of proof that   12101 et seq.),  the disability of that parent may not form the basis for an order granting custody or visitation to another party, or for an order for imposing any condition or limitation on an award of custody to or visitation by the disabled parent, unless  that other party establishes by clear and convincing evidence that   there is a finding by the court that  a grant of custody or visitation to, or a condition or limitation on custody or visitation by, the disabled parent would  be detrimental to the health, safety, and welfare of the child. This section applies   not be in the best interest of the child. This section applies  to any proceeding regarding custody or visitation, including, but not limited to, a request for a modification of an existing order for custody or visitation.