Ask Cassie: Adapting to New Jersey’s Custody Law Changes

Dear Cassie:

I read in the news that there was a change to the custody laws in New Jersey. Is this true? – C.C.

Dear C.C.: 

Yes, it is true. New Jersey’s child custody statute, N.J.S.A. 9:2-4, was changed by the legislature and signed into law by Governor Murphy in January 2026.

One of the most significant changes pertains to children’s involvement in contested custody cases. The new law elevates the importance given to the child’s preference in contested custody cases, regardless of age or capacity. Thus, “if the court orders any custody arrangement contrary to the expressed preferences of the child, the court shall specifically place on the record the factors which justify the arrangement and which justify the court’s decision to disregard the child’s expressed preferences.”

Another significant change pertains to therapy for children. Reunification therapy, which is a form of therapy designed to address an estrangement between a parent and child, is now expressly disallowed, barring consent to the therapy by both parents. For any form of therapy for a child, there must now be a finding of “generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the therapy,” and the court must consider several factors before a court may order the therapy. Children “of sufficient age” will now be “granted an audience” with the court and will be allowed to “report” directly to the court, regarding any therapy that is ordered.

It remains to be seen how the new law will be implemented. There are many outstanding questions regarding this new law and its implications, as it represents a sharp departure from prior law and practice. Individuals in custody litigation should consult with an attorney about how this law may affect their case.

Cassie Murphy is a divorce and family law Partner with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge. 732-750-9797

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