The revised Child Custody Statute, N.J.S.A., 9:2-4 was enacted into law on January 20, 2026, despite opposition from the New Jersey State Bar Family Law Section and other professional associations. Although the law incorporates many provisions of the previous law. It now requires that reunification therapy and other therapy between a parent and a child will not be ordered unless there is generally accepted and scientific proof of the safety and effectiveness of the therapy.
Understanding the Revised Child Custody Statute
It appears that the new law is an attempt to closely scrutinize reunification therapy between a child and a parent that have been alienated from each other.
The law emphasizes the importance of a child, of sufficient age, to express an opinion as to his or her preference for the custodial arrangement. “The legislature…recognizes that children should have a voice… in contested custody cases “.
Finally, the Court, for good cause shown, may appoint a Guardian Ad Litem or an attorney or both to represent the child’s best interests. If the Court renders a decision, contrary to a child’s preference, the Court must set forth the reasons for ignoring the child’s preference. Clearly, the revised law empowers children and requires the Court to give significant weight to their preference for a custodial arrangement.
Contact David Wildstein for Help with Your Family Law Matters
Contact New Jersey Prenuptial Agreement Attorney David M. Wildstein in Red Bank or Woodbridge to schedule a consultation and learn more about the amendment to the custody statute may impact you, or for any other family law related matters.
