California 2015-2016 Regular Session Status: In Committee

AB 2098 — Child custody: preferences of child.

Last action — In committee: Held under submission.

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

This bill died with 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires the court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. Existing law also requires the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests. This bill, commencing July 1, 2017, would instead require the court to permit a child who is 10 years of age or older, of his or her own volition, to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests. The bill would require the court to determine whether the child is addressing the court of his or her own volition and to provide the child with an age-appropriate form developed by the Judicial Council that explains to the child specified information prior to the child addressing the court regarding custody or visitation. The bill, commencing January 1, 2017, would require the Judicial Council, no later than July 1, 2017, to develop this age-appropriate form.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 29). Re-referred to Com. on APPR.

  4. Re-referred to Com. on JUD.

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

  6. Referred to Com. on JUD.

  7. From printer. May be heard in committee March 19.

  8. Read first time. To print.

Sponsors

  • Anderson · Cosponsor
  • Baker · Cosponsor
  • Beall · Cosponsor
  • Bates · Cosponsor
  • Cannella · Cosponsor
  • Fuller · Cosponsor
  • Maienschein · Primary
  • Waldron · Cosponsor

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

  • Maienschein

Co-sponsors (7)

  • Anderson
  • Baker
  • Beall
  • Bates
  • Cannella
  • Fuller
  • Waldron

Not signed on (114)

114 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.

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Votes

Subjects

civil-rights
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Frequently asked questions

What does AB 2098 do?
Existing law requires the court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. Existing law also requires the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests. This bill, commencing July 1, 2017, would instead require the court to permit a child who is 10 years of age or older, of his or her own volition, to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests. The bill would require the court to determine whether the child is addressing the court of his or her own volition and to provide the child with an age-appropriate form developed by the Judicial Council that explains to the child specified information prior to the child addressing the court regarding custody or visitation. The bill, commencing January 1, 2017, would require the Judicial Council, no later than July 1, 2017, to develop this age-appropriate form.
Who sponsors AB 2098?
AB 2098 is sponsored by Anderson, Baker, Beall, Bates, Cannella, Fuller, Maienschein, and Waldron.
What is the current status of AB 2098?
This bill died with 2015-2016 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 AB 2098?
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Last checked for changes 3 months ago · updated continuously

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