Section 3030.5 Of Chapter 1. General Provisions From California Family Law Code >> Division 8. >> Part 2. >> Chapter 1.
3030.5
. (a) Upon the motion of one or both parents, or the legal
guardian or custodian, or upon the court's own motion, an order
granting physical or legal custody of, or unsupervised visitation
with, a child may be modified or terminated if either of the
following circumstances has occurred since the order was entered,
unless the court finds that there is no significant risk to the child
and states its reasons in writing or on the record:
(1) The person who has been granted physical or legal custody of,
or unsupervised visitation with the child is required, as a result of
a felony conviction in which the victim was a minor, to be
registered as a sex offender under Section 290 of the Penal Code.
(2) The person who has been granted physical or legal custody of,
or unsupervised visitation with, the child resides with another
person who is required, as a result of a felony conviction in which
the victim was a minor, to be registered as a sex offender under
Section 290 of the Penal Code.
(b) The fact that a child is permitted unsupervised contact with a
person who is required, as a result of a felony conviction in which
the victim was a minor, to be registered as a sex offender under
Section 290 of the Penal Code, shall be prima facie evidence that the
child is at significant risk. When making a determination regarding
significant risk to the child, the prima facie evidence shall
constitute a presumption affecting the burden of producing evidence.
However, this presumption shall not apply if there are factors
mitigating against its application, including whether the party
seeking custody or visitation is also required, as the result of a
felony conviction in which the victim was a minor, to register as a
sex offender under Section 290 of the Penal Code.
(c) The court shall not modify an existing custody or visitation
order upon the ex parte petition of one party pursuant to this
section without providing notice to the other party and an
opportunity to be heard. This notice provision applies only when the
motion for custody or visitation change is based solely on the fact
that the child is allowed unsupervised contact with a person
required, as a result of a felony conviction in which the victim was
a minor, to register as a sex offender under Section 290 of the Penal
Code and does not affect the court's ability to remove a child upon
an ex parte motion when there is a showing of immediate harm to the
child.