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CA AB2044

Bill

Status

Passed

9/30/2018

Primary Sponsor

Mark Stone

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Requires courts to make child custody determinations consistent with legislative findings that children have the right to be safe and free from abuse, and that domestic violence in a household is detrimental to a child's health, safety, and welfare.

  • Extends the rebuttable presumption against awarding custody to domestic violence perpetrators to include those who committed violence against persons with whom the party has a dating, engagement, or cohabitation relationship, not just the other parent or child.

  • Requires courts to make specific written findings explaining why the presumption against awarding custody to a domestic violence perpetrator has been overcome, with detailed consideration of rehabilitation factors.

  • Changes the standard for granting visitation rights from "unless detrimental" to "when shown to be in the best interest of the child," aligning visitation decisions with domestic violence protections.

  • Mandates that judicial training on domestic violence include instruction that such violence can occur without restraining orders, child protective services findings, or other documented evidence of abuse, and address the harm to children living with perpetrators.

Legislative Description

Domestic violence: family court.

Last Action

Chaptered by Secretary of State - Chapter 941, Statutes of 2018.

9/30/2018

Committee Referrals

Appropriations6/13/2018
Judiciary4/19/2018
Rules4/5/2018
Judiciary2/16/2018

Full Bill Text

No bill text available