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NJ A1516

Bill

Status

Introduced

1/9/2024

Primary Sponsor

Gerard Scharfenberger

Click for details

Origin

General Assembly

2024-2025 Regular Session

AI Summary

  • Creates a rebuttable presumption against granting custody or visitation rights when there is clear and convincing evidence of alleged domestic violence, sexual assault, sexual contact, or child endangerment by a parent, regardless of whether formal charges have been filed

  • Requires courts to consider a child's emotional safety in custody determinations, including whether the child has expressed fear or exhibited behavior suggesting concern for their safety while in a parent's care

  • Adds consideration of whether a parent has an improper motive for seeking custody that could negatively interfere with their ability to safely share parenting responsibilities

  • Expands the definition of domestic violence to include "coercive control," defined as a pattern of threatening, humiliating, or intimidating actions including isolating someone from friends/family, controlling finances, monitoring activities, demeaning conduct, or threats to harm children or relatives

  • Allows a parent to rebut the presumption only if the court makes a specific written finding that the parent poses no significant risk of harm and that custody/visitation is in the child's best interests; the bill is modeled after Florida's "Greyson's Law"

Legislative Description

Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.

Judiciary

Last Action

Introduced, Referred to Assembly Judiciary Committee

1/9/2024

Committee Referrals

Judiciary1/9/2024

Full Bill Text

No bill text available