New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A266

Introduced
1/9/24  

Caption

Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.

Impact

A significant aspect of the proposed legislation is its extension of the list of crimes that can disqualify individuals from obtaining custody or visitation rights. By incorporating additional offenses such as luring or enticing a child and promoting prostitution, the bill broadens the scope of protection for children. The existing law already limits custody rights based on sexual assault convictions, but A266 aims to further safeguard minors by preventing those with a history of serious sexual offenses from being awarded visitation or custody without meeting stringent legal criteria.

Summary

Assembly Bill A266 aims to amend existing New Jersey law concerning the custody and visitation rights of individuals convicted of specific sexual crimes against minors. The bill explicitly prohibits the award of custody or visitation rights to any person found guilty of serious sexual offenses, including sexual assault, kidnapping, and human trafficking, among others, unless they can convincingly demonstrate that such an arrangement is in the best interest of the child. This legal change seeks to tighten regulations surrounding the custody rights of convicted individuals to protect vulnerable minors.

Conclusion

Overall, A266 represents a legislative effort to enhance protective measures for minors against individuals who have committed serious sexual offenses. As with any proposed bill that modifies family and criminal law, its passage could lead to significant changes in how courts assess custody and visitation issues in New Jersey, warranting careful consideration of all viewpoints and potential outcomes in the legislative process.

Contention

The discussion surrounding A266 may evoke divergent opinions among lawmakers and stakeholders. Proponents of the bill argue that it is necessary to minimize risks to children by ensuring that those who have committed grave offenses are not placed in positions where they could potentially harm minors again. Conversely, opponents may raise concerns about the bill's potential implications on parental rights and family dynamics, especially in cases where an individual has served their time and is seeking to re-establish relationships with children. Additionally, there are considerations regarding how the legal standard of 'best interests of the child' will be interpreted and evaluated in court.

Companion Bills

NJ A2321

Carry Over Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.

Previously Filed As

NJ A2321

Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.

NJ A2823

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.

NJ H1516

Prohibiting court ordered visitation rights to any persons convicted of criminal offenses against a minor

NJ H1716

Prohibiting court ordered visitation rights to any persons convicted of criminal offenses against a minor

NJ A3335

Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.

NJ A1516

Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.

NJ S1913

Requires additional fines for certain crimes against minors to fund Amber Alert system.

NJ S975

Requires additional fines for certain crimes against minors to fund Amber Alert system.

NJ A2241

Prohibits court from awarding custody of or limiting visitation with child based on certain factors.

NJ A3453

Requires persons convicted of sex offense in foreign countries to comply with Megan's Law.

Similar Bills

CA AB1602

Crimes: disorderly conduct.

CA AB1874

Crimes: disorderly conduct.

CA AB1962

Crimes: disorderly conduct.

CA SB1081

Disorderly conduct: peeping, recording, and distribution of intimate images.

CA SB926

Crimes: distribution of intimate images.

CA AB2382

Disorderly conduct: prostitution.

CA AB379

Crimes: prostitution.

CA SB1414

Crimes: solicitation of a minor.