New Jersey Assembly Bill A2823

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 2/28/22

Caption

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.