New Family Law Statutes in 2022: Selected State Legislation Family Law Quarterly 2022-23

AuthorEditors, New York Law School
Pages299-323
299
*This article was edited by 2022–23 Family Law Quarterly (FLQ) Executive Law-in-50
Editors Barbra E. Smith, New York Law School (NYLS) ’23, and Dylan Havlak, NYLS ’23,
who selected the statutes and oversaw all work on the article; Student Editor in Chief Caroline
Shea, NYLS ’23; Research and Reference Editor Rian Sirkus, NYLS ’23; Development and
Communications Editor Paulina Marino, NYLS ’23; Curriculum Editor Kayla Brooks ’23;
Executive Articles Editors Alexia Senkiw ’23 and Claudia Toth ’23; and Professor Lisa F.
Grumet, FLQ Faculty Editor in Chief. Contributors include NYLS Junior Editors Jennifer
Balter ’24, Meg Beauregard ’24, Michelle Blaifeder ’24, Kayla Brady ’24, Alexa Gonzalez ’24,
Rebecca Grigas ’25, Sarah Hannah ’24, Julianna Iacona ’24, Nicole Keegan ’24, James Kelly
’24, Nora Kelly ’24, Morgan Kirby ’24, Jessica Kovac ’24, Bogum Lee ’24, Michael Lucatorto
’24, Fabiana Macchiarulo ’23, Kaitlyn McNeil ’24, Katelyn Nardi ’24, Jamila Nicholas ’23,
Alexandra Ogunsanya ’24, Soa O’Shea ’24, Rupinder Raj ’23, Michael Raschilla ’24, Emma
Ratti ’24, Theodore Richert ’24, Rachel Roberts ’24, Chelsea Ryan ’24, Cristina Santin ’24,
Heather Schumacher ’23, Haley Schwalm ’25, Sarah Silbowitz ’24, Andrea Sinclair ’24, Mary
Sharmaine Tan ’24, Gianna Vitiello ’24, and Wyatt Wilson ’23; and NYLS Senior Editors
Shannon Bartlett ’23, Darryl Bobb ’24, Stephanie Carola ’23, Toni-Ann Kreisberg ’24, Rachel
List ’23, Marly Meus ’23, Christina Mille ’23, Armine Parmakszyan ’24, Tiffany Sabal ’23,
Lance Shopowich ’23, Daniella Styagova ’23, and Elsie Tan ’23.
New Family Law Statutes in 2022:
Selected State Legislation
FAMILY LAW QUARTERLY 2022–23 EDITORS, NEW
YORK LAW SCHOOL*
Introduction
By Barbra E. Smith & Dylan Havlak
This article provides summaries and context for 35 changes to family
law that were enacted in 2022 by legislatures in 23 states. The topics
include Child Custody, “Nonparent” Custody and Visitation, Child
Representation and Child Welfare, Divorce and Alimony/Maintenance,
Property Division, Child Support, Parentage, and Domestic Violence.
These topics are based on annual Charts published in the Year in Review
issue of the Family Law Quarterly. The Charts are updated each year to
track changes in these specic areas of law and survey statutes within the
Family Law Quarterly, Volume 56, Number 4 New Family Law Statutes in 2022 300
50 states, District of Columbia, and Puerto Rico. The laws in this article
were identied and selected in the course of updating the Charts.
The laws included here do not represent all new family law legislation
from 2022, but do reect developing trends in the area of family law.
The topics of the laws featured in this article include (among others)
a presumption of 50-50 physical custody; qualications for forensic
evaluators; grandparent visitation; enhancement of children’s voices in
child protective proceedings; spousal maintenance guidelines; pets and
property division; shared parenting and child support; unmarried fathers’
rights; and strengthened domestic violence protections, including special
consideration of pets and addressing stalking and “coercive control.”
This is our second year featuring this article in the Family Law
Quarterly’s annual Year in Review issue. We look forward to covering
new legislation in these rapidly changing areas of family law in future
years.
I. Child Custody
California. When a parent’s mental health is factored into the
court’s child custody determination, the court will need to document
its reasoning and provide a list of local resources for treatment.1
By Julianna Iacona and Rachel List
Beginning January 1, 2024, California courts that factor in “the effects
of a parent’s, legal guardian’s, or relative’s history of or current mental
illness” when making a custody determination will be required to state
their reasoning while also providing “a list of local resources for mental
health treatment.”2
Prior to this new law, California courts had discretion to issue a
custody order based on various factors relating to the child’s best
interests.3 If the court determined that a parent’s mental illness negatively
affected their ability to care for the child, the court could award custody
1. 2022 Cal. Legis. Serv. ch. 385 (S.B. 1182) (West); Cal. Fam. Code § 3040.
2. Cal. Fam. Code § 3040(d)(1) (“[I]f a court nds that the effects of a parent’s, legal
guardian’s, or relative’s history of or current mental illness are a factor in determining the best
interests of the child . . . the court shall . . . (A) Provide the parent, legal guardian, or relative
with a list of local resources for mental health treatment. (B) State its reasons for the nding in
writing or on the record.”).
3. See id. §§ 3011, 3020, 3040(a).
to another party.4 A parent who was not granted custody because of
mental illness could regain custody by demonstrating an improvement in
their mental health, which could be shown by the party receiving mental
health treatment and managing their symptoms.5 The prior version of the
law did not specically mention parental mental health.6 Further, both
the old and new versions of the law lack specic language to suggest
how, or when, a parent’s mental illness can be considered by the court.7
The new requirements “[do] not relieve a court from ensuring that the
health, safety, and welfare of the child is the court’s primary concern
in determining the best interests of children when making any order
regarding the physical or legal custody, or visitation, of the child.”8
The new law addresses the need for more transparency and
accountability in California courts when mental illness is factored into
the court’s custody determination.9 The law was inspired by veterans and
active military members residing in California who have mental health
needs or cognitive impairment, and included other provisions specically
concerning veterans.10 The state recognized how burdensome it can be
trying to navigate Family Court and Children’s Court judicial systems,
especially for veterans experiencing post-traumatic stress disorder
(PTSD), traumatic brain injuries, or service-linked mental health issues.11
The new law attempts to lessen the burdens placed on military families
and ensure that they have access to supports and services for veterans, in
addition to requiring that California courts provide a list of resources and
document their reasoning when mental health is factored into a custody
determination.12
4. See How Can Mental Health Issues Affect Child Custody in California, Her lawyer (Jan.
17, 2022), https://herlawyer.com/mental-health-affect-custody-california/.
5. Id.
6. See Cal. Fam. Code §§ 3011, 3020, 3040 (version in effect Jan. 1, 2020, to Dec. 31, 2022).
7. See id. §§ 3011, 3020, 3040 (version in effect Jan. 1, 2020, to Dec. 31, 2022), 3040
(version effective Jan. 1, 2023).
8. Id. § 3040(d)(2) (version effective Jan. 1, 2023).
9. Id. § 3040(d)(1); Cal. Sen. Floor Analysis, S.B. 1182, at 5, 7 (Aug. 5, 2022).
10. 2022 Cal. Legis. Serv. ch. 385 (S.B. 1182) (West); Cal. Sen. Floor Analysis, supra note
9, at 4–7; Cal. Fam. Code § 211.5.
11. Cal. Sen. Floor Analysis, supra note 9, at 5; 2022 Cal. Legis. Serv. ch. 385 (S.B. 1182).
12. 2022 Cal. Legis. Serv. ch. 385 (S.B. 1182).

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