Attorney General No.

SA97RF0037

Secretary of State No.

783

Description

JOINT AND EQUAL PHYSICAL CUSTODY OF CHILDREN TO BOTH PARENTS. INITIATIVE STATUTE. Provides that the court must order joint legal custody with joint and equal physical custody to both parents in any judicial proceeding unless written agreement between parents to the contrary or conviction related to child abuse exists. Court shall have discretion to restrict a parent's access to child(ren) when formal criminal complaint alleging child abuse has been filed. Requires referral to district attorney for felony prosecution of anyone who makes a false allegation with the intent to deprive a child of access to a parent. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in unknown costs and savings to the state related to court activities for child custody determinations; net effect probably not significant in context of total court expenditures. It 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; Michele Delo; Jay Bowden; Michael A. Salatino; William W. Marckwardt Parent-Child Preservation Initiative, 8332 Case Street, La Mesa, Ca. 91942

Date

12-11-1997

Document Type

Initiative

Qualified

Failed to Qualify

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