California 2009-2010 Regular Session Status: Enacted

AB 2416 — Child custody: parent on active military duty.

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

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 that party, the order shall revert back to the custody order that was in place prior to the modification. The bill would further authorize the court to grant reasonable visitation rights to a stepparent, 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 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.

Bill Text

Action History

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

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:50 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6144.)

  5. Assembly Rule 77 suspended. (Page 6144.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4459.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Ordered to third reading.

  11. From Special Consent Calendar pursuant to Joint Rule 22.2.

  12. Ordered to Special Consent Calendar.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (June 10).

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 4598.)

  18. Read second time. To Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (April 6).

  20. Re-referred to Com. on JUD.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  22. Referred to Com. on JUD.

  23. Read first time.

  24. From printer. May be heard in committee March 23.

  25. Introduced. To print.

Sponsors

  • Cook · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cook

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2416 COOK Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Not Voting
Skinner — Yea
Torlakson — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2416 Cook By Ducheny

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Republican 1000
Democratic 1001
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Walters — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Leno — Yea
Walters — Yea

Official roll call →

AB 2416 COOK Consent Calendar Second Day Regular Session

Passed 83 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 77008
Democratic 3000
Republican 3000
Total 83008
% of votes cast 91%0%0%9%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hagman — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Hill — Yea
Huffman — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Hall — Not Voting
Harkey — Not Voting
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Bass — Not Voting
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torlakson — Not Voting
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Not Voting
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 8001
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Feuer — Yea
Hagman — Yea
Harkey — Yea
Huffman — Yea
Monning — Yea
Nava — Yea
Brownley — Yea
Knight — Not Voting
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights veterans
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Frequently asked questions

What does AB 2416 do?
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 that party, the order shall revert back to the custody order that was in place prior to the modification. The bill would further authorize the court to grant reasonable visitation rights to a stepparent, 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 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.
Who sponsors AB 2416?
AB 2416 is sponsored by Cook.
What is the current status of AB 2416?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2416?
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Last checked for changes 3 months ago · updated continuously

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