ASSEMBLY, No. 1970

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblywoman CRECCO

An Act concerning visitation rights and amending the title and body of P.L.1971, c.420.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The title of P.L.1971, c.420 (C.9:2-7.1) is amended to read as follows:

An Act authorizing the maintenance of habeas corpus proceedings by [grandparents or siblings] certain relatives to obtain visitation rights [in respect to their infant grandchildren or siblings in certain cases], and supplementing chapter 2 of Title 9 of the Revised Statutes.

(cf: P.L.1993, c.161, title)

    2. Section 1 of P.L.1971, c.420 (C.9:2-7.1) is amended to read 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. An aunt or uncle may make application before the Superior Court for an order for visitation to occur in the presence of the child's parents or the person with whom the child is residing. 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;

    (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.

    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)

    3. This act shall take effect immediately.

STATEMENT

    This bill expands the category of relatives who may apply for visitation rights to include, not only parents, grandparents, and siblings, but also a child's aunts and uncles. Visits by the relatives added under this bill must occur within the presence of the child's parents or the person with whom the child resides. Currently, the child's grandparents and siblings may apply for an order for visitation with no supervision requirement.