Consideration when determining child custody: human trafficking.
Should AB 1375 be enacted, it could substantially reshape the landscape of child custody proceedings in California. Specifically, it would introduce mandatory court evaluations to assess the involvement of human trafficking in custody cases. The bill emphasizes the consideration of child and parent victimhood and requires courts to document the necessary protective measures in custody orders. This could lead to enhanced protections for victims and perhaps deter potential perpetrators from seeking custody due to the legal presumption against them.
Assembly Bill 1375, introduced by Assembly Member Hoover, aims to amend the California Family Code regarding considerations for child custody determinations in cases involving human trafficking. The bill proposes that courts must conduct independent findings relating to whether either the child or parent involves victims of human trafficking before deciding on custody matters. This aligns with existing legal standards for evaluating domestic violence cases, where a rebuttable presumption exists against granting custody to an abuser, reinforcing the importance of safety in custody arrangements.
Key points of contention may arise around the definitions and evidential requirements for determining what constitutes a victim of human trafficking. Critics may argue that the bill could complicate court procedures or lead to disputes over the interpretation of trafficking evidence. Furthermore, while the intent is to protect children and victims, there are concerns over balancing rights between parents where accusations of trafficking could be leveraged in custody battles. The rebuttable presumption may also lead to challenges regarding its application and could require extensive courtroom resources to adjudicate effectively.