Ask the Expert: Florio Perrucci Steinhardt Cappelli & Tipton
See what experts at Florio Perrucci Steinhardt Cappelli & Tipton have to say about recent New Jersey custody laws.
Have there been any recent updates to New Jersey custody laws?
Yes, at the end of his term in January of 2026, Governor Phil Murphy signed new amendments to the New Jersey custody statute. The new law has the well-intended
purpose of declaring the public policy of this State is to ensure that the protection and welfare of minor children are held paramount, finding child safety is of the utmost
importance.
Yes, at the end of his term in January of 2026, Governor Phil Murphy signed new amendments to the New Jersey custody statute. The new law has the well-intended
purpose of declaring the public policy of this State is to ensure that the protection and welfare of minor children are held paramount, finding child safety is of the utmost
importance.
One significant change comes with the legislature expressly declaring that children should have their voices considered in contested custody cases. The preference of the child was previously one of a number of factors set forth under the prior statute to be considered by the Court. The new statute elevates the importance of a child’s wishes above the other factors that courts must consider.
Now, if a court enters a custody order that is contrary to the expressed preferences of the child, the judge is required to specifically place on the record the factors that justify the court’s order and justify disregarding the child’s preference.
Under the new law, it would appear that child interviews conducted by the court will become more routine. While it remains to be seen, this may have the unintended consequence of placing a large burden on children caught in the middle of the disputes between the parents.
Florio Perrucci Steinhardt Cappelli & Tipton
Brian Budic, Partner
Cherry Hill, NJ 08034
(856) 628-8377
