California 2011-2012 Regular Session Status: Enacted

AB 1807 — Family law: child custody.

Last action — Chaptered by Secretary of State - Chapter 116, Statutes of 2012.

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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 21, 2012. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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 modifying a custody or visitation order if the party's absence, relocation, or failure is due to his or her activation to military service, mobilization in support of combat or other military operation, or military deployment out of state, as defined. Existing law authorizes a 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. Under existing law, there is a presumption that, upon the return of that party, the order shall revert back to the custody order that was in place before the modification unless the reversion is not in the best interest of the child. This bill would, after the deploying party returns from deployment, prohibit the court from ordering a child custody evaluation as part of its review of a temporary order unless the party opposing reversion to the prior custody order makes a prima facie showing that reversion would not be in the child's best interest. Further, the bill would provide that neither a child's absence from the state during a parent's deployment nor a nondeploying parent's relocation during a parent's deployment while a temporary modification order is in effect would terminate the family court's jurisdiction for later custody modifications. This bill would also prohibit a parent's deployment from being used as a basis for asserting that the state court is an inconvenient forum for custody orders. The bill would additionally express the intent of the Legislature that family courts, to the extent feasible given existing resources and court practices, prioritize and expedite child custody cases when a military parent is deployed or returns from deployment.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 116, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4179.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 4. Noes 0.) (June 12).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 4592.)

  11. Read third time and amended. Ordered to third reading. (Page 4483.)

  12. Read second time. Ordered to third reading.

  13. Ordered to second reading.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 10). Re-referred to Com. on APPR.

  15. Re-referred to Com. on JUD.

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

  17. Referred to Com. on JUD.

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

  19. Read first time. To print.

Sponsors

  • Achadjian · Cosponsor
  • Strickland · Cosponsor
  • Cook · Primary
  • Huff · Cosponsor
  • Jeffries · Cosponsor
  • Nestande · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Cook

Co-sponsors (5)

  • Achadjian
  • Strickland
  • Huff
  • Jeffries
  • Nestande

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

3rd Reading AB1807 Cook By Huff

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Anderson — Yea
Harman — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Fuller — Yea
Leno — Yea
Cannella — Yea
Pavley — Yea
Vargas — Yea
De León — Not Voting
Runner — Not Voting
Hancock — Not Voting
Alquist — Yea
Dutton — Yea
Blakeslee — Yea
Hernandez — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Evans — Yea
Corbett — Yea
Blakeslee — Not Voting
Harman — Yea
Leno — Yea

Official roll call →

AB 1807 COOK Assembly Third Reading

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 70007
Republican 2000
Democratic 1000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Feuer — Yea
Buchanan — Yea
Garrick — Yea
Hagman — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Alejo — Yea
Conway — Yea
Cook — Yea
Huber — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Wagner — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Cedillo — Not Voting
Furutani — Not Voting
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Chesbro — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Davis — Not Voting
Donnelly — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Not Voting
Hill — Yea
Logue — Not Voting
Ma — Yea
Mansoor — Yea
Monning — Yea
Norby — Yea
Silva — Yea
Smyth — Not Voting
Torres — Yea
Williams — Yea
Butler — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights veterans
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1807 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 modifying a custody or visitation order if the party's absence, relocation, or failure is due to his or her activation to military service, mobilization in support of combat or other military operation, or military deployment out of state, as defined. Existing law authorizes a 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. Under existing law, there is a presumption that, upon the return of that party, the order shall revert back to the custody order that was in place before the modification unless the reversion is not in the best interest of the child. This bill would, after the deploying party returns from deployment, prohibit the court from ordering a child custody evaluation as part of its review of a temporary order unless the party opposing reversion to the prior custody order makes a prima facie showing that reversion would not be in the child's best interest. Further, the bill would provide that neither a child's absence from the state during a parent's deployment nor a nondeploying parent's relocation during a parent's deployment while a temporary modification order is in effect would terminate the family court's jurisdiction for later custody modifications. This bill would also prohibit a parent's deployment from being used as a basis for asserting that the state court is an inconvenient forum for custody orders. The bill would additionally express the intent of the Legislature that family courts, to the extent feasible given existing resources and court practices, prioritize and expedite child custody cases when a military parent is deployed or returns from deployment.
Who sponsors AB 1807?
AB 1807 is sponsored by Achadjian, Strickland, Cook, Huff, Jeffries, and Nestande.
What is the current status of AB 1807?
This bill has been enacted into law. Introduced February 21, 2012. Enacted.
Where can I track AB 1807?
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