Visitation and custody rights unenforceable; murder of parent, custodian, guardian, or child

§ 1085. Visitation and custody rights unenforceable; murder of parent,
custodian, guardian, or child. 1. No visitation or custody order shall
be enforceable under this part by a person who has been convicted of
murder in the first or second degree in this state, or convicted of an
offense in another jurisdiction which, if committed in this state, would
constitute either murder in the first or second degree, of a parent,
legal custodian, legal guardian, sibling, half-sibling or step-sibling
of the child unless:

(i) (A) such child is of suitable age to signify assent and such child
assents to such visitation or custody; or

(B) if such child is not of suitable age to signify assent the child's
custodian or legal guardian assents to such order; or

(C) the person who has been convicted of murder in the first or second
degree, or an offense in another jurisdiction which if committed in this
state, would constitute either murder in the first or second degree, can
prove by a preponderance of the evidence that:

(1) he or she, or a family or household member of either party, was a
victim of domestic violence by the victim of such murder; and

(2) the domestic violence was causally related to the commission of
such murder; and

(ii) the court finds that such visitation or custody is in the best
interest of the child.

2. Pending determination of a petition for visitation or custody such
child shall not visit and no person shall visit, with such child
present, such person, legal guardian or legal custodian who has been
convicted of murder in the first or second degree in this state, or an
offense in another jurisdiction which, if committed in this state, would
constitute either murder in the first or second degree, of the other
parent, legal guardian, legal custodian, sibling, half-sibling or
step-sibling of such child, without the consent of such child's
custodian or legal guardian.

3. Nothing contained in this section shall be construed to require a
court, without petition from any of the interested parties, to review a
previously issued order of visitation or custody or denial of such
petition.

4. For the purposes of making a determination pursuant to subparagraph
(C) of paragraph (i) of subdivision one of this section, the court shall
not be bound by the findings of fact, conclusions of law or ultimate
conclusion as determined by the proceedings leading to the conviction of
murder in the first or second degree in this state or of an offense in
another jurisdiction which, if committed in this state, would constitute
murder in either the first or second degree, of a parent, legal
guardian, legal custodian, sibling, half-sibling or step-sibling of a
child who is the subject of the proceeding. In all proceedings under
this section, an attorney shall be appointed for the child.