New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A912

Introduced
1/11/22  

Caption

Establishes presumption of joint legal and physical custody in child custody matters.

Impact

The introduction of A912 is significant as it changes the existing framework concerning child custody by creating a rebuttable presumption in favor of shared custody. Under current regulations, custody arrangements are typically determined by agreements between parents or based on what the courts previously deemed appropriate. A912 effectively shifts the burden of proof to the parent challenging this joint custody presumption, requiring them to demonstrate, with clear evidence, that such an arrangement would be harmful to the child. This modification could reduce contentious custody disputes, as it prioritizes joint upbringing but may also lead to disagreements over what constitutes harm.

Summary

Assembly Bill A912 establishes a presumption of joint legal and physical custody in child custody determinations. The bill amends existing custody laws to favor equal parenting time between both parents after separation or divorce, emphasizing that such arrangements are in the best interests of the child. This change aims to encourage parental involvement in child-rearing and ensure that children maintain contact with both parents following family dissolution. The proposed law indicates that both parents will have equal rights, and any custody arrangements must reflect this principle unless proven otherwise.

Contention

The proposed bill has sparked debate among lawmakers and community advocates about the implications of enforcing joint custody presumptions. Supporters argue that it promotes the involvement of both parents in children's lives and strengthens familial bonds, thereby benefiting the child's overall development. Conversely, critics fear that blanket presumptions might overlook specific circumstances, such as cases involving domestic violence or other factors harmful to the child's welfare. Detractors express concern that this law could prioritize parental rights over children's individual needs, leading to potentially adverse outcomes in sensitive custody cases.

Companion Bills

NJ S2534

Same As Establishes presumption of joint legal and physical custody in child custody matters.

Previously Filed As

NJ A2521

Establishes presumption of joint legal and physical custody in child custody matters.

NJ S163

Establishes presumption of joint legal and physical custody in child custody matters.

NJ S2534

Establishes presumption of joint legal and physical custody in child custody matters.

NJ SB214

Provide a rebuttable presumption in favor of joint physical custody of a minor child.

NJ SB136

Provide a rebuttable presumption in favor of joint physical custody of a minor child.

NJ HB53

Child custody; rebuttable presumption of joint legal custody and substantial parenting time for both parents created

NJ HB783

Child custody; require presumption of joint custody and equal parenting time.

NJ HB1292

Child custody; create rebuttable presumption that equal (50-50) joint custody is in best interest of the child.

NJ HB19

Child custody; rebuttable presumption of joint physical custody and substantial parenting time created, final order of the court further provided for

NJ SB521

Child Custody - Rebuttable Presumption of Joint Custody

Similar Bills

NJ S163

Establishes presumption of joint legal and physical custody in child custody matters.

NJ A2521

Establishes presumption of joint legal and physical custody in child custody matters.

NJ S2534

Establishes presumption of joint legal and physical custody in child custody matters.

SC H3085

Child Custody

NH HB228

Relative to the calculation of child support in cases with equal or approximately equal parenting time.

ND HB1242

Parental rights and responsibilities; and to provide for application.

NH HB1564

Relative to the child support guidelines.

CA SB331

Child custody: child abuse and safety.