Attorney General No.

SA97RF0069

Secretary of State No.

797

Description

JOINT CHILD CUSTODY. INITIATIVE STATUTE. Requires court to order joint legal custody with joint and equal physical custody to both parents in any case involving child custody unless written agreement between parents to the contrary exists or court, in its discretion, finds child at risk due to: felony conviction of parent; child abuse, abandonment, failure by parent to provide child with basic necessities; or, a substantiated claim of substance or alcohol abuse. Court may modify parenting time when formal written criminal complaint has been filed against parent. Makes repeat violations of court-adopted parenting plan punishable as misdemeanor willful cruelty. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in unknown net costs to the state related to court activities for child custody proceedings. The net costs are probably not significant in the context of total court expenditures. The measure would also result in unknown state and local costs -- potentially over $10 million annually to the state and in the millions of dollars to the counties --- because of a decline in child support obligations and payments.

Proponents

Henry Gamboa Susan Stivers James P. Stivers Jay Bowden Kirk W. Rinella Michael A. Salatino William W. Marckwardt California Family Law Reform Act, P.O. Box 704, La Mesa, California 91944 (619) 465-2328

Date

1-28-1998

Document Type

Initiative

Qualified

Failed to Qualify

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