Prevents parent found by clear and convincing evidence to have committed sexual assault resulting in birth of child from having custody or visitation; provides for termination of parental rights.
Impact
The implementation of A2823 will amend existing New Jersey laws concerning parental rights, specifically impacting sections of the law that govern custody and visitation for parents with a history of sexual assault. Under current legislation, even those convicted of sexual assault may have access to visitation based on the best interests of the child. However, this bill eliminates that exception, establishing a stricter approach to prevent parents who commit serious offenses from having any parenting rights, thereby enhancing protective measures for victims and their children.
Summary
Assembly Bill A2823, introduced in the New Jersey legislature, addresses the custody and visitation rights of parents found responsible for sexual assault that leads to the birth of a child. The bill stipulates that if a court determines by clear and convincing evidence that a parent has committed such an act of sexual assault, that parent will be barred from having custody of or visitation rights to that child. This legislation aims to protect the child from potential harm and trauma related to having a parent who perpetrated violent acts against their other parent.
Contention
The bill's approach has raised some points of contention among legislators and advocacy groups. Proponents argue that the bill serves the children's best interests by ensuring their safety and emotional well-being. Conversely, there are concerns that such legislation might remove the chance for rehabilitation or redemption for parents and could also conflict with existing rights to appeal punishment under due process. The implications of the bill could lead to a significant shift in how cases related to parental violence are handled in family courts, especially in terms of balancing child protection with parental rights.
Children: parental rights; grounds for termination of parental rights; include human trafficking violations. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).
Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.