TOTOWA, NJ – October 05, 2026 – PRESSADVANTAGE –
This report, distributed by The Law Office of Erin L. Thompson, LLC, examines amendments to New Jersey’s child custody statute that took effect in January 2026 and changed how courts evaluate safety, children’s preferences, and court-ordered therapy in custody cases.
Senate Bill S4510, also designated A5761, was signed into law on January 20, 2026, by then-Governor Phil Murphy and took effect immediately as Public Law 2025, Chapter 316. The law amends N.J.S.A. 9:2-4, the statute that governs child custody and parenting time in New Jersey, according to published legal analyses of the legislation.
The amended statute continues to apply the long-standing “best interests of the child” standard. However, it now makes a child’s safety the first issue a court must address in a contested custody case, before turning to parenting schedules, shared custody arrangements, or other parenting-time structures.
The revised law also removes the statute’s previous public policy language emphasizing “frequent and continuing contact” with both parents. In its place, the Legislature adopted new policy declarations stating that protecting a child’s welfare may include, but is not limited to, continuing contact with both parents, and that parenting time must be justified as consistent with the child’s protection and welfare. The statute continues to permit courts to order contact with both parents where doing so serves the child.
Under the amendments, custody decisions must be made on a case-by-case basis, with no automatic or default arrangement. The statute also provides that a parent with a history of abuse may not be granted increased custody or parenting time solely for the purpose of improving the parent-child relationship, and domestic violence and child abuse now appear together among the factors a court must weigh.
The law also addresses court-ordered therapy. It limits therapeutic interventions that courts may order in custody disputes to evidence-based practices and restricts the use of coercive reunification therapy, which has drawn scrutiny nationally in cases involving children who resist contact with a parent. The statute also adds a new factor allowing courts to consider the input and supporting documentation of a state-licensed mental health professional who is providing private therapy or other services to the child, to the extent permitted by that professional’s licensure.
In addition, judges must now place specific findings on the record to justify custody decisions, including when an order runs contrary to a child’s stated preference, according to published legal summaries of the law.
The amendments reflect principles associated with Kayden’s Law, a framework included in the federal Violence Against Women Act Reauthorization Act of 2022 that encourages states to adopt safeguards around custody evaluations and court-ordered therapy in cases involving allegations of abuse. The law is named for a child who died after a court-ordered reunification process placed him in contact with a parent accused of abuse.
Legal practitioners have noted that the amended statute does not automatically change existing custody orders, though its provisions may apply to future custody disputes and to applications to modify existing orders.
The legislative information referenced in this release is based on Senate Bill S4510, Public Law 2025, Chapter 316, and published legal analyses of the amended statute. The information is presented for general public awareness and is not a substitute for individualized legal advice.
The Law Office of Erin L. Thompson, LLC represents parents in child custody matters in Totowa and throughout Passaic, Essex, and Bergen counties.
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