Prohibits court from awarding custody of or limiting visitation with child based solely on parent's disability; provides that disability of parent is relevant only to extent that court finds disability is detrimental to best interest of child.
Impact
If enacted, SB 1136 will modify the procedures and considerations used in custody cases. Courts will no longer be able to deny or limit a parent's custody rights solely based on their disability. This change aims to promote inclusivity and equal parenting rights, recognizing the importance of maintaining relationships between parents and children, regardless of a parent's physical or mental condition. The law will require that any evidence of detrimental impact on the child as a result of a parent's disability be clear and convincing.
Summary
Senate Bill 1136 seeks to amend New Jersey's child custody laws by ensuring that a parent's disability cannot be the sole determinant in custody or visitation decisions. The bill emphasizes that a parent’s disability should only be considered if it is proven to be detrimental to the child's best interests. The legislation prioritizes the equal rights of both parents to maintain a relationship with their child after separation or divorce, striving to protect the custodial and visitation rights of parents with disabilities.
Contention
The legislation is expected to highlight discussions around the balance between protecting children’s welfare and the rights of parents with disabilities. Advocates for the bill argue that it addresses the discrimination faced by disabled parents within the family court system, while critics may raise concerns about whether it adequately safeguards children’s interests when a parent's disability affects their parenting abilities. The requirement for supportive parenting services to be considered as a potential means to mitigate the impact of a disability will be a critical aspect of the discussions surrounding this bill.