California 2011-2012 Regular Session

California Senate Bill SB1064

Introduced
2/13/12  
Refer
3/1/12  
Refer
3/1/12  
Refer
3/19/12  
Refer
3/19/12  
Report Pass
3/27/12  
Refer
3/27/12  
Refer
3/27/12  
Refer
4/16/12  
Refer
4/16/12  
Report Pass
4/25/12  
Report Pass
4/25/12  
Refer
4/25/12  
Refer
4/25/12  
Report Pass
5/24/12  
Report Pass
5/24/12  
Engrossed
5/29/12  
Engrossed
5/29/12  
Refer
6/7/12  
Refer
6/7/12  
Report Pass
6/19/12  
Report Pass
6/19/12  
Refer
6/19/12  
Report Pass
6/27/12  
Report Pass
6/27/12  
Refer
6/27/12  
Refer
8/8/12  
Refer
8/8/12  
Report Pass
8/16/12  
Report Pass
8/16/12  
Enrolled
8/29/12  
Enrolled
8/29/12  
Chaptered
9/30/12  
Chaptered
9/30/12  
Passed
9/30/12  

Caption

Child custody: immigration.

Impact

The implementation of SB1064 will have significant implications on state laws, particularly in family law. By emphasizing that immigration status cannot be a determining factor in custody decisions, the bill seeks to prevent discriminatory practices that may arise in court proceedings. This is expected to lead to a more equitable legal process and ensure that children are not separated from their parents due to immigration issues. As such, the bill aims to enhance the wellbeing of children from immigrant families by acknowledging their right to familial support regardless of their parents' legal standing.

Summary

SB1064 aims to reform existing child custody laws with a special focus on cases involving immigration. The bill proposes modifications to ensure that the immigration status of a parent does not adversely affect decisions regarding custody and visitation rights. This legislative move intends to create a more inclusive approach to child custody, considering the best interests of the child while also maintaining parental rights regardless of immigration status. Advocates for this bill emphasize the importance of protecting children’s welfare, as a parent’s immigration challenges should not impede their ability to maintain a relationship with their children.

Sentiment

Support for SB1064 is primarily found among child welfare advocates and immigrant rights organizations, who argue that the welfare of children must be prioritized in legal processes. They believe that the bill will promote fair treatment of families and uphold the emotional and psychological needs of children. However, there are opposing views from some legislators and community groups who voice concerns that the bill may inadvertently enable individuals with unresolved immigration issues to retain custody, thus complicating the efforts of legal authorities to ensure child safety.

Contention

If enacted, SB1064 may spark significant debate regarding its interpretation and enforcement. Critics question the practicality of distinguishing between immigration status and parental rights in custody matters, fearing it may create loopholes that could potentially be exploited. Nevertheless, supporters maintain that the emotional and psychological wellbeing of children should be the foremost priority in custody arrangements. The contentious nature of this bill highlights the intersection of immigration, family law, and child welfare, an area rich with divergent opinions and sensitive implications.

Companion Bills

No companion bills found.

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