Section 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, a law guardian shall be appointed for the child.