SB 2539

Present law requires a court to make a custody determination on the basis of the best interest of the child. The court must enter a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consis tent with the factors it must consider. Such factors include the location of the residences of the parents, the child's need for stability, and other factors specifically provided by statute. This bill requires the court to give the highest weight to credible evidence of physical abuse, sexual abuse, or domestic violence when determining the best interest of the child. The weight must be applied equally to abuse committed against any member of the child's household. Further, there is a presumption that placement with a parent who has been found to have committed physical abuse, sexual abuse, or domestic violence is not in the best interest of the child. This bill requires the court to incl ud e written findings in an order placing a child with such a parent explaining why the presumption is rebutted. The court must review any available protective services regarding the child who is the subject of the order. RES JUDICATA T he doctrine of res judicata , or claim preclusion , generally bars parties from re-litigating a case or claims that were, or could have been, asserted in a previous lawsuit between the same parties or their privies. This bill clarifies that the doctrine of res judicata does not preclude the admission of evidence concerning a parent or caregiver's conduct that occurred prior to the entry of the most recent parenting plan, if such evidence is relevant to the child's best interest.