California 2011-2012 Regular Session Status: In Committee

SB 261 — Child custody: deceased parent.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that the mother of an unemancipated minor child and the father, if presumed to be the father, as specified, are equally entitled to the custody of the child, and that if one parent is dead, unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody. Existing law permits a court, during the pendency of a custody proceeding or any time thereafter, to make an order for the custody of a child during minority that seems necessary or proper. This bill would specify that a court, in the event of the death of a parent, retains jurisdiction to make any orders required to effect the right of a parent to custody, as described above, and would prescribe notice requirements in this regard.

Bill Text

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1 added · 1 removed

1 line(s) added, 1 removed.

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Referred to Com. on JUD.

  3. From printer. May be acted upon on or after March 13.

  4. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Harman · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Harman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

What does SB 261 do?
Existing law provides that the mother of an unemancipated minor child and the father, if presumed to be the father, as specified, are equally entitled to the custody of the child, and that if one parent is dead, unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody. Existing law permits a court, during the pendency of a custody proceeding or any time thereafter, to make an order for the custody of a child during minority that seems necessary or proper. This bill would specify that a court, in the event of the death of a parent, retains jurisdiction to make any orders required to effect the right of a parent to custody, as described above, and would prescribe notice requirements in this regard.
Who sponsors SB 261?
SB 261 is sponsored by Harman.
What is the current status of SB 261?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 261?
Track SB 261 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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