Bills · 2009-2010 Regular Session

SB 332

submitting custody study reports to the parties and offering custody study reports in accordance with the rules of evidence.

Introduced, completed
Passes Senate, completed
Passes Assembly, completed
Governor signs, completed
Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, in an action affecting the family, such as a divorce, if there

is a minor child and the parties do not agree on legal custody or physical placement,

the parties must be referred to mediation to attempt to resolve the contested issues.

The court may order a person or entity designated by the county to conduct a legal

custody or physical placement study to investigate such issues as the conditions of

the child's home, the parties' performance of parental duties, and whether either

party has engaged in domestic abuse. The report that results from the study is

submitted to the court, made available to the parties, and made a part of the record

of the action unless the court orders otherwise. This bill requires that the report be

submitted to both the court and the parties at least ten days before it is introduced

into evidence. The court may review the report but may not rely upon it as evidence

before it is properly introduced. The report must be offered in accordance with the

rules of evidence, and is a part of the record in the action if it is so offered and

admitted into evidence.

Votes

Senate: Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

Passed 5–0 Dec 2, 2009 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report concurrence recommended by committee on Children and Families, Ayes 7, Noes 0

Passed 7–0 Feb 19, 2010 official source full page