Bill > A3062

Introduced Session

This bill establishes additional factors for the court to consider in making a parenting time determination in child custody cases. Under the bill, a judge is to consider the following factors in awarding parenting time to a noncustodial parent: any attempt by one parent to turn the child against the other; the likeliness a parent will permit the child to see the other parent; the past and present parental and caretaking duties of each parent; and which parent is more likely to promote the health and safety of the child. Further, the bill requires a court to consider the negative impacts of a prolonged court process for child custody on familial dynamics and whether a prolonged process might exacerbate a serious risk of a substantial or irreversible harm to any child by a parent involved in the process. When a child custody proceeding is occurring at the same time as a child abuse proceeding involving the same child, the court is required to make a determination without delay to serve the best interest of the child. This bill also requires the Administrative Office of the Courts (AOC) to modify its existing training and educational programs to include training related to child abuse and to cover all aspects of abuse, including sexual abuse, physical abuse, emotional abuse, implicit and explicit bias, mental abuse, trauma, neglect, maltreatment, and the impact of child abuse and domestic violence on children. The program should include best practices from evidence-based and peer-reviewed research. The education and training program will improve the ability of judges and court personnel to recognize the impact of child abuse, and make appropriate custody and parenting time decisions that are in the best interest of the child. Finally, this bill requires that family court judges, and experts testifying on the emotional or physical health of a victim of child abuse review material related to adverse childhood experiences as prepared by the AOC and the Department of Children and Families. The training materials are to include best practices and research and provide information for the court to make trauma-informed and healing-centered determinations. This bill defines an "adverse childhood experience" as severe childhood stressors that, when experienced prenatal to three years old, affect brain development and which are proven to be powerful determinants of physical, mental, social, and behavioral health across a lifespan. Adverse childhood experiences may include, but are not limited, child physical or sexual abuse, child emotional abuse, child physical or emotional neglect, alcohol or other substance abuse in the home, mental illness or suicidal behaviors in the home, incarceration of a family member, exposure to violence in the home or community, and parental divorce or separation.

AI Summary

Committee Categories

Antwan McClellan (R)*, 

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

Official Document