New and Important Changes to the Custody Statute in New Jersey
Feb 11, 2026 | Written by: | Share
On January 20, 2026, the NJ legislature passed a new bill that amends the custody statute in the State of New Jersey. The resulting changes have the potential for very significant implications. Because these changes are new, their application remains to be seen, but they will certainly be litigated. Thus, it is important to be aware of the modifications to the statute and how they may impact your custody case, what a judge may do, and so on.
Most notably, the updated law strengthens how courts consider a child’s wishes in custody disputes. If a judge orders a custody arrangement that is contrary to what the child has expressed, the judge must explain the reasons on the record. This does not place decision-making responsibility on children, but it does ensure their perspectives are taken seriously.
Also under the revised statute N.J.S.A. 9:2-4(e), the court shall not order any therapy unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the therapy.
The legislature provided the following statement as part of the passage of the new bill:
“This bill is intended to clarify procedures in certain contested child custody cases. The bill would impose certain restrictions on the court’s authority to order reunification therapy for the child, require the court to give more weight to the child’s preferences in determining custody, and require the court to weigh the findings and recommendations of the child’s mental health professional, if any. The bill defines “reunification therapy” as family therapy that aims to reunite or reestablish a relationship between an estranged parent and a child.
Under the bill, in making an award of custody, the court would be required to consider, among other factors, the findings and recommendations of any licensed mental health professional providing private therapy or other services to the child.
The bill also prohibits the court from ordering reunification therapy unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the reunification therapy, and good cause is shown by a preponderance of the evidence that reunification therapy is appropriate. Such evidence would include but not be limited to evidence of consensus from mental health professionals and evidence of the child’s willingness to participate in reunification therapy.
Under current law, the court may appoint a guardian ad litem or an attorney, or both, to represent the minor child’s interests. The bill specifies that representing the child’s interests shall include but not be limited to representing the expressed preferences of the child, whether expressed by the child verbally or in writing, unless such preferences pose an imminent risk of substantial physical, financial, or other harm to the child. The bill provides that to the extent that the child has expressed any particular reason or reasons for the child’s preferences, the guardian ad litem or the attorney or both shall so inform the court.
The bill also provides that if the court orders any custody arrangement contrary to the expressed preferences of the child, the court would be required to specifically place on the record the factors which justify the different arrangement and which justify the court’s decision to disregard the child’s expressed preferences.
In addition, the bill requires the State Board of Marriage and Family Therapy Examiners to develop professional standards for the practice of reunification therapy, and adopt rules and regulations promulgating such standards.
Finally, the bill modifies language in the portion of the custody statute that sets out legislative findings and declarations. The new language provides that the protection and welfare, both physically and emotionally, of minor children are held paramount after the parents have separated or dissolved their marriage and that it is in the public interest to ensure that decisions concerning custody and visitation are made on a case-by-case basis to make certain that the best interests of children are primary.”
These changes are likely to create much litigation, likely sooner than later, and we will see how the courts interpret and apply the statute. There will also be clarification from mental health examiners, who have been charged with developing professional standards for reunification therapy. This all remains to be seen and needs a watchful eye by family law practitioners.
When consulting with counsel on custody matters, ensure your attorney is familiar with these new updates to the statute, and that your application considers same and is tailored accordingly.
Diana N. Fredericks, Esq., devotes her practice solely to family law matters. She is a Certified Matrimonial Law Attorney and was named to the NJ Super Lawyers Rising Stars list in the practice of family law by Thomson Reuters from 2015 through 2021, to the NJ Super Lawyers list in 2023, 2024, and 2025, and to the New Leaders of the Bar list by the New Jersey Law Journal in 2015. Contact Diana for a consultation at 908-735-5161 or via email.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.