Clarifies procedures in certain contested child custody cases.
Impact
If enacted, A5761 will modify existing statutes regarding child custody, ensuring that a child's welfare, both physically and emotionally, remains a priority. The bill requires courts to note explicitly any deviations from a child's preferences in custody arrangements and to provide a clear rationale for such decisions. This change not only seeks to enhance child protection but also mandates that courts provide a thorough justification for any custody decision that contradicts the expressed wishes of the child.
Summary
Assembly Bill A5761 addresses child custody in New Jersey, intending to clarify and modernize procedures within contested custody cases. This bill emphasizes the importance of children's preferences during custody determinations, allowing their expressed wishes to have more weight unless they pose a risk of harm. It also sets a requirement for courts to consider the recommendations of mental health professionals involved with the child, thus increasing the role of professional input in sensitive family matters.
Contention
Some points of contention regarding A5761 may arise concerning its provisions on reunification therapy. The bill restricts courts from ordering such therapy unless scientific proof validates its effectiveness and safety. Critics may argue that this requirement could delay or complicate necessary therapeutic interventions. Additionally, there may be differing interpretations of what constitutes sufficient evidence for the appropriateness of reunification therapy, potentially resulting in inconsistent applications across cases.