Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.
Impact
If passed, A2321 would result in significant changes to state laws regarding child custody and visitation. Currently, under existing law, individuals convicted of certain sexual assaults are already barred from these rights unless they can prove that it is in the best interest of the child. The proposed bill reinforces and extends this premise to include a broader array of offenses, thereby enhancing the protection of children in custody cases. Courts will have to rigorously evaluate cases where custody or visitation is granted to individuals with a history of such offenses, which includes a mandatory waiting period before enforcement is allowed, ensuring the safety and welfare of minors is prioritized.
Summary
Assembly Bill A2321 aims to amend current laws concerning custody and visitation rights in relation to individuals convicted of specific sexual crimes against minors. The bill expands the list of criminal acts that would disqualify individuals from obtaining custody of or visitation rights to a child. These acts now include serious offenses such as first degree kidnapping, criminal sexual contact, luring or enticing a child, and human trafficking, among others. The primary objective of this legislation is to protect children by ensuring that those with a history of sexual crimes against minors cannot easily obtain custody or visitation rights.
Contention
The expansion of the list of disqualifying offenses may generate discussions about the balance between a criminal’s rights and child protection. Opponents of such legislation may argue that the bill imposes overly harsh restrictions, potentially affecting rehabilitated individuals who have not reoffended and seek to maintain their relationship with their children. Supporters, however, contend that the bill is necessary to ensure the safety of children against potential risks. By increasing the types of crimes leading to disqualification, the bill serves as a preventive measure designed to safeguard minors from being placed in potentially harmful custody arrangements.
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.
Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.
Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.