This is the text of AB999, being debated in California in early 1996 in relation to preferred custody arrangements (Section 3040 of the Family Code, referred to below, can be found here):

SECTION 1. Section 3039 is added to Chapter 2 (commencing with Section 3040) of Part 2 of Division 8 of the Family Code, to read:

3039. The Legislature finds and declares the following:

(a) It is the basic right of a minor child to have the emotional, physical, and financial support of each of that child' s parents, and the primary responsibility of those parents is to provide for that right.

(b) The lack of continued parental involvement in a child's life may contribute negatively to that child's maturation and emotional development.

(c) It is the public policy of this state and in the best interests of minor children that the court, when considering the issue of custody, minimize to the extent possible the conflict experienced by the children.

(d) It is the public policy of this state that the court shall seek to ensure both parents of equal opportunity to affect their children's lives in a positive fashion following divorce or separation of the parents, consistent with the best interests of the children.

(e) The court shall seek to maximize the amount of time that a child spends with each parent following the divorce or separation of those parents, consistent with the best interest of the child.

SEC. 2. Section 3040 of the Family Code is amended to read:

3040. (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Section 3011:

(1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080). The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) To either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, subject to Section 3011, and shall not prefer a parent as custodian because of that parent's sex. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(3) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.

(4) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

(b) This section does not establish a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.

Prepared for the WWW by Stuart Birks

17 June, 1996