Two companion bills, Senate Bill 4510 and Assembly Bill 5761, were signed into law by former Governor Phil Murphy on January 20, 2026, which overhauls the New Jersey Child Custody Statute, N.J.S.A 9:2-4. One of the most significant changes pertains to the children’s involvement in contested custody cases. The new law elevates the importance given to the child’s preference in custody cases, regardless of the child’s age and capacity. In that vein, “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 reunification therapy, which is therapy designed to reunite an estranged parent with their child. The new law does not allow for this type of therapy to take place, under any circumstances, unless both parents consent to it. In addition, before any form of therapy can be ordered for a child, the court must find that there is “generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the therapy.” If there is a dispute between the parties, there will likely be a hearing to determine whether therapy should be permitted.
There is little doubt that this new law will result in a major change to how child custody cases are resolved – either through trial or settlement. Under any circumstances, child custody cases can be among the most controversial and emotionally trying in the practice of family law. Parents involved in custody disputes will want to pay close attention to the ramifications resulting from the change in the law. Individuals who are about to go through custody litigation should consult with an attorney about how this new law may affect their case.
*Victoria Paone Rosa, Esq. is a divorce and family law attorney with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge.
