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NJ A1516
Bill
Status
1/9/2024
Primary Sponsor
Gerard Scharfenberger
Click for details
AI Summary
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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
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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
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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
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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
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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