Family courts generally try to ensure that children whose parents are no longer together continue to have both of them in their lives. Increasingly, however, states are amending their laws to help ensure that any history of parental abuse or neglect is fully considered when determining custody and visitation.
In January, New Jersey amended its law to change how safety risks to a child are assessed when determining parental rights. More emphasis has also been placed on a child’s preferences and on the effects of emotional as well as physical abuse.
The rebuttable presumption
The amended law includes a “rebuttable presumption” that awarding child custody or visitations rights in favor of a parent is not in best interests of a child if:
- Either a child or a parent reasonably believes they’re in “imminent danger” of abuse, neglect or violence or
- There is evidence of an “alleged incident of domestic violence, sexual assault, sexual contact, or endangering the welfare of a child, caused by that parent….”
A parent is responsible for rebutting a presumption that it’s not in their child’s best interests to have custody or visitation rights by providing convincing evidence that they don’t pose a risk.
Considering the effects of emotional abuse and “coercive control”
Further, the amended law includes “coercive control” in the list of behaviors that constitute domestic violence. Coercive control is defined as a “pattern of threatening, humiliating, or intimidating actions …which are used to harm, punish, or frighten a person protected under this act” and make them feel dependent by “isolating, exploiting, or regulating the protected person.”
The changes to the law require the court to consider “whether the child has expressed or exhibited behavior that suggests that the child fears for his or her safety or well-being while being in the care of the other parent.”
These cases are often contentious
Certainly, it’s best when parents can agree on a custody and visitation arrangement that is in their child’s best interests. However, if a parent is concerned for their child’s safety and well-being while in the care of the other parent, they have a responsibility to their child to bring that to the court’s attention. Meanwhile, any parent who has been accused of wrongdoing has the right to present their case.
Many child custody cases can be extremely difficult for everyone involved. Whichever side a parent finds themselves on, having experienced legal guidance is critical given all that is at stake.