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CA AB2416

Bill

Status

Passed

9/29/2010

Primary Sponsor

Paul Cook

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Expands protections for military parents by preventing custody modification based solely on absence, relocation, or non-compliance due to military activation, mobilization, deployment, or temporary duty orders.

  • Establishes temporary custody orders during military deployment with a presumption that the original custody order reverts upon the service member's return, unless the court determines reversion is not in the child's best interest.

  • Authorizes courts to grant visitation rights to stepparents, grandparents, or other family members if a preexisting relationship exists, visitation facilitates child contact with the deployed parent, and the arrangement serves the child's best interest.

  • Requires courts to either hold expedited hearings or allow military parents to participate in custody proceedings and court-ordered mediation through electronic means (telephone, video teleconferencing, or internet) when deployment will prevent in-person attendance.

  • Defines "deployment," "mobilization," and "temporary duty" for purposes of the statute, establishing a legislative intent to create a fair and expeditious process for resolving custody issues involving military service members.

Legislative Description

Child custody: parent on active military duty.

Last Action

Chaptered by Secretary of State - Chapter 466, Statutes of 2010.

9/29/2010

Committee Referrals

Judiciary4/29/2010
Rules4/12/2010
Judiciary3/11/2010

Full Bill Text

No bill text available