Bill Text: NJ A4989 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes "Anthony's Legacy Act"; provides special consideration for certain grandparents applying for visitation rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-24 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [A4989 Detail]
Download: New_Jersey-2024-A4989-Introduced.html
Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Establishes "Anthony's Legacy Act"; provides special consideration for certain grandparents applying for visitation rights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning visitation rights for grandparents and amending P.L.1971, c.420.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1971, c.420 (C.9:2-7.1) is amended as follows:
1. a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to prove by a preponderance of the evidence that the granting of visitation is in the best interests of the child.
b. In making a determination on an application filed pursuant to this section, the court shall consider the following factors:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or the person with whom the child is residing and the applicant, with special consideration given to an applicant who is a grandparent of the child and is a Gold Star family member;
(3) The time which has elapsed since the child last had contact with the applicant;
(4) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
(5) If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
(6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and
(8) Any other factor relevant to the best interests of the child.
As used in this subsection:
"Deceased service member" means any member of the Armed Forces of the United States or a Reserve component thereof or a member of the National Guard who dies as a result of enemy action, accident or disease while on federal active duty, including active duty for training.
"Gold Star family member" means the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption, of a deceased service member.
c. With regard to any application made pursuant to this section, it shall be prima facie evidence that visitation is in the child's best interest if the applicant had, in the past, been a full-time caretaker for the child.
(cf: P.L.1993, c.161, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill establishes "Anthony's Legacy Act", which modifies the circumstances under which a grandparent of a minor child may apply for visitation rights. Specifically, the bill requires a court to give special consideration to an applicant for visitation who is a grandparent of the minor child and is a Gold Star family member.
Under current law, a grandparent or any sibling of a child residing in New Jersey may make application before the Superior Court, for an order for visitation. The applicant bears the burden to prove by a preponderance of the evidence that the granting of visitation is in the best interests of the child. In making its determination, the court is to consider the following factors:
(1) The relationship between the child and the applicant;
(2) The relationship between each of the child's parents or the person with whom the child is residing and the applicant;
(3) The time which has elapsed since the child last had contact with the applicant;
(4) The effect that such visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;
(5) If the parents are divorced or separated, the time sharing arrangement which exists between the parents with regard to the child;
(6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and
(8) Any other factor relevant to the best interests of the child.
This bill amends current law to require the court to give special consideration to an applicant who is a grandparent of the child and is a Gold Star family member. The bill defines "Gold Star family member" to mean the spouse, domestic partner, partner in a civil union, parent, brother, sister, child, legal guardian, or other legal custodian, whether of the whole or half blood, or by adoption, of a deceased service member. Under the bill, a "deceased service member" is defined as any member of the Armed Forces of the United States or a Reserve component thereof or a member of the National Guard who dies as a result of enemy action, accident or disease while on federal active duty, including active duty for training.
