Family law: child custody.

Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. In making that determination, existing law requires the court to consider specified factors, including whether either of the child's parents habitually or continually uses alcohol or illegal drugs. The court may require independent corroboration of an allegation that a parent is habitually or continually using controlled substances or illegal drugs. This bill would require a family court to consider, in determining the best interest of the child in custody proceedings, either parent's habitual or continual abuse of prescribed controlled substances. Existing law, until January 1, 2013, authorizes a court to require any person who is seeking custody of, or visitation with, a child who is the subject of a custody, visitation, or guardianship proceeding, to undergo testing for the illegal use of controlled substances and the use of alcohol under specified circumstances, as specified. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely.