(TRENTON) – Legislation sponsored by
Assembly Democrats Herb Conaway, Jr. M.D. and Troy Singleton that would ensure
parents serving in the Armed Forces who are involved in custody cases are not
disadvantaged by certain military absences has been signed into
law.
The new law (A-2164) will address
child custody and parenting time arrangements in the event of prolonged military
service absences of 30 or more days by service members, based upon: (1)
deployments for combat or other operations, training duty, or attendance at a
military service school, or (2) service-related treatments due to a service
injury, illness, or other health condition.
“Custody cases should revolve around
what's truly best for the child, and that should include fairness for a parent
on active military duty or those who are being treated for a service-related
injury,” said Conaway (D-Burlington). “All this does is ensure a parent isn’t
penalized by serving in the military. Our veterans make enough sacrifices. The
opportunity to be involved with their children should not be one of
them.”
“Custody cases are difficult enough
for the parties involved. Punishing one parent because he or she is away on
active military duty or recovering from an injury is not only unfair, it’s
wrong,” said Singleton (D-Burlington). “We want the courts to make decisions
that are in the best interest of the child. A parent’s military service should
not be the only factor when deciding how much time they get to spend with their
child.”
The law states that a court must not
consider the prolonged, service-related absence or potential absence of a
military service member as a factor in determining the best interest of a child
when making a determination concerning child custody or parenting time. In
addition, the court will be required to expedite, to the extent possible, a
determination on an application by a service member or the other parent or
caretaker for a child, concerning a child custody or parenting time arrangement
in any case in which there is no existing child custody or parenting time order
and the service member has received official written notice of deployment or
service-related treatment from the military.
During the period of deployment or
treatment, a court will be prohibited from modifying any judgment or order
concerning child custody or parenting time, or issuing a new order that changes
an existing child custody arrangement that was in place prior to the service
member’s departure, without the consent of all parties, except when the court
finds it to be in the best interests of the child.
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