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Bill > A2241


NJ A2241

NJ A2241
Prohibits court from awarding custody of or limiting visitation with child based on certain factors.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill provides for the protection of the custody and visitation rights of parents in New Jersey. It prohibits the court from considering factors such as disability, age, health status, sexual orientation, gender identity, race, or ethnicity as the sole basis for granting or denying custody or parenting time. The bill requires the court to provide detailed findings of fact and conclusions of law if it considers any of these factors when deciding custody or parenting time for an otherwise fit parent. The bill defines "disability" in accordance with the Americans with Disabilities Act Amendments Act of 2008.

Committee Categories

Justice

Sponsors (5)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

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