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New Jersey Legislation

Jeff Golden, September 2000

As I write this in mid-August, the New Jersey Legislature is on summer recess. Of the many family-issues bills still pending in the legislature, two are of particular interest to FACE members.

S-1095, sponsored by Senators Anthony R. Bucco and Louis Bassano, provides that "There shall be a presumption in a court determination of child custody that an order of joint physical custody is in the best interests of the child." Although some critics feel this bill is not strongly enough supportive of joint physical custody, this bill would reign in judges’ broad discretion by requiring them to consider eight factors in deciding custody and, if joint custody is not ordered, explain in their decision how these eight factors effected their decision.

This bill also provides a restriction against the custodial parent relocating the child when joint physical custody is not ordered, and specifies nine factors to be considered. Currently, in 35 percent of cases, the custodial parent relocates with the children out of the state within two years following divorce. This bill would prevent many of these separations of children and noncustodial parents.

S-1349, sponsored by Senators Louis Bassano and James F. Cafiero, provides for an automatic triennial review of parenting time (visitation) orders. This would prevent noncustodial parents and their children from getting stuck with a parenting time order that was established for an infant, would make it easier to revise parenting time as a child matures and his needs change, and is similar to the present automatic triennial review of child support orders.

Both of these bills are now in the Senate Women’s Issues, Children and Family Services Committee. Their future is controlled by committee chairman Senator James F. Cafiero and Senate President Donald T. DiFrancesco.

If you would like to testify concerning either of these bills, phone Senate Women’s Issues, Children and Family Services Committee aid Michele Leblanc at 609-292-1646. Tell her you want to testify, and ask to be notified when the committee will be taking testimony on these bills.

To read the full text of these, or any other bills, go to the New Jersey Legislature website at www.njleg.state.nj.us. To expedite these bills through the legislative process, contact Senate President Donald T. DiFrancesco at 908-322-5500, Senate Women’s Issues, Children and Family Services Committee chairman Cafiero at 609-522-0462, and your own state senator. If you are in favor of these bills, also call your state assembly person and ask him or her to sponsor a corresponding bill in the Assembly.