Consideration when determining child custody: human trafficking.
Impact
The enactment of AB 1375 is expected to significantly alter the existing framework for custody disputes by introducing a new criterion that compels courts to weigh allegations of human trafficking. Currently, California law allows for a rebuttable presumption against a party who has committed domestic violence. By including human trafficking, the bill underscores the seriousness of this crime and aligns child custody considerations with broader societal values regarding child protection and welfare.
Summary
Assembly Bill 1375, introduced by Assembly Member Hoover, seeks to amend the Family Code in relation to child custody determinations by requiring courts to consider human trafficking as a critical factor. The bill specifically adds Section 3040.5, which mandates that any relevant and admissible evidence of a parent having engaged in child trafficking must be considered when deciding the child's best interest in contested custody proceedings. This legislation aims to enhance the protective measures for children by ensuring that severe offenses like human trafficking are given due attention in custody evaluations.
Sentiment
The sentiment surrounding AB 1375 appears to be largely supportive, particularly among child advocacy groups and lawmakers focused on protecting children's rights. By addressing such a pressing issue as human trafficking, supporters emphasize the bill's potential to safeguard vulnerable children. Opposition may arise from concerns about the implications of evidentiary standards and the potential for misuse of allegations, but overall the response tends to favor measures that enhance child welfare.
Contention
Notably, discussions around AB 1375 may involve debates over the adequacy of existing legal safeguards against domestic violence and the threshold necessary for proving human trafficking. Critics might argue that the inclusion of human trafficking evidence could complicate custody disputes and raise concerns about false allegations. However, the legislative intent remains clear: to improve child safety by ensuring that family courts prioritize evidence of such serious misconduct in custody determinations.
To Amend The Law Concerning Human Trafficking; To Provide For Forfeiture Of Assets Used To Conduct Human Trafficking; And To Create The Offense Of Harboring An Endangered Runaway Child.