From Proposal to Practice: Unpacking the Failed New Jersey Joint Custody Bills and Their Implications for Domestic Violence Victims

Authors

Jenna Rosenstein, Benjamin N. Cardozo School of Law

Abstract

The note critically examines the failed 2018 New Jersey bills proposing a presumption of joint legal and physical custody in child custody matters, arguing that such measures may inadvertently harm victims of domestic violence by shifting the burden of proof onto them and failing to account for the complexities of abuse. It advocates for a more nuanced legal framework that balances shared parenting with the safety and well-being of domestic violence victims and their children.

Disciplines

Domestic and Intimate Partner Violence | Evidence | Law | Legislation

Recommended Citation

Jenna Rosenstein, From Proposal to Practice: Unpacking the Failed New Jersey Joint Custody Bills and Their Implications for Domestic Violence Victims, 31 Cardozo J. Equal Rts. & Soc. Just. 489 (2025).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol31/iss2/7