A2241

Sponsored by:

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman LISA SWAIN

District 38 (Bergen)

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblyman Karabinchak and Assemblywoman Murphy

SYNOPSIS

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

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning child custody and amending R.S.9:2-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.9:2-4 is amended to read as follows:

9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:

a. Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include: (1) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and (2) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;

b. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or

c. Any other custody arrangement as the court may determine to be in the best interests of the child.

In making an award of custody, the court shall not, as the sole basis for granting or denying custody or parenting time, consider the following factors: perceived or actual disability, age, health status, sexual orientation, gender identity, race, or ethnicity. If the court considers one or more of these factors when deciding custody or parenting time for an otherwise fit parent, the court shall provide detailed findings of facts and conclusions of law in support of the decision. Nothing in this paragraph shall be construed to limit the court’s discretion to consider all relevant and appropriate factors pertaining to the best interest of the child in making an award for custody.

In making an award of custody, the court shall consider but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; the interaction and relationship of the child with [its] the child’s parents and siblings; the history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child; the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent to the separation; the parents' employment responsibilities; and the age and number of the children. A factor set forth in subsection c. of this section concerning actual or perceived disability, age, health status, sexual orientation, gender identity, race, or ethnicity shall not be the sole basis for the court’s decision concerning child custody or parenting time. A parent shall not be deemed unfit unless the [parents'] parent’s conduct has a substantial adverse effect on the child.

The court, for good cause and upon its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between the parties to the litigation.

d. The court shall order any custody arrangement which is agreed to by both parents unless it is contrary to the best interests of the child.

e. In any case in which the parents cannot agree to a custody arrangement, the court may require each parent to submit a custody plan which the court shall consider in awarding custody.

f. The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.

g. For the purposes of this section, “disability” has the meaning set forth in section 3 of the “Americans with Disabilities Act Amendments Act of 2008,” 42 U.S.C. s.12102.

(cf: P.L.1997, c.299, s.9)

2. This act shall take effect immediately.

STATEMENT

This bill provides for the protection of the custody and visitation rights of parents based on several factors, including, disability, age, health status, sexual orientation, gender identity, race, or ethnicity.

New Jersey recognizes that both parents in a child custody dispute have a constitutionally recognized equal, fundamental right to the control and upbringing of a child. The courts make the determination on custody arrangements by applying various statutory factors, such as the interaction of the child with the child’s parents and the stability of the home environment, with the best interests of the child as the primary concern.

This bill provides that in any child custody proceeding, the disability, health status, age, sexual orientation, gender identity, race, or ethnicity of one or both parents is not to be the sole factor in the court’s decision concerning child custody. If the court considers any of these when deciding custody or parenting time for an otherwise fit parent, the court is required to provide detailed finding of facts and conclusions of law in support of the decision. The bill does not limit the court’s discretion to consider all relevant and appropriate factors pertaining to the best interest of the child in making an award for custody.

The bill defines disability as having the same meaning set forth in section 3 of the “Americans with Disabilities Act Amendments Act of 2008,” 42 U.S.C. s.12102.