Child custody.

Existing law requires the court to consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation. This bill would prohibit the court from permitting a child addressing the court regarding custody or visitation to do so in the presence of the parties unless the court determines that doing so is in the best interests of the child and states its reasons for that finding on the record. The bill would require the court to provide an alternative to having the child address the court in the presence of the parties in order to obtain input directly from the child. The bill would also require, if a child informs the minor's counsel, an evaluator, an investigator, or a child custody recommending counselor that the child has changed their choice with respect to addressing the court, the minor's counsel, evaluator, investigator, or child custody recommending counselor indicate to the judge, the parties or their attorneys, and other professionals serving on the case that the child has changed their preference. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would require the Judicial Council, no later than January 1, 2023, to develop or amend rules as necessary to implement these provisions. Existing law requires, when an allegation about a parent relating to a history of abuse or substance abuse by the parent has been brought to the attention of the court in the current proceeding, the court to state its reasons in writing or on the record if the court makes an order for sole or joint custody to that parent. This bill would also require the court in those circumstances to state its reasons in writing or on the record if the court makes an order for unsupervised visitations to that parent. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.