New Jersey overhauled its custody statute on January 20, 2026, when Governor Phil Murphy signed S4510/A5761 into law in one of his final acts before leaving office. The legislation, known as Kayden's Law, eliminates the longstanding presumption favoring "frequent and continuing contact with both parents," replaces it with child safety as the threshold judicial inquiry, expands the best-interest factors from a handful to 15, and allocates $1 million for implementation and study. For New Jersey parents navigating custody disputes, this changes the framework courts use to decide where children live and how parenting time is structured.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Governor Murphy signed S4510/A5761 (Kayden's Law), overhauling N.J.S.A. 9:2-4 |
| Effective date | January 20, 2026 (immediate upon signing) |
| Core change | Child safety replaces "frequent and continuing contact" as the court's first priority |
| Best-interest factors | Expanded to 15 non-exhaustive factors judges must consider |
| Appropriations | $1 million total ($500K to Administrative Office of Courts + $500K to Rutgers Institute for Families) |
| Legislative vote | Passed Senate 25-14, Assembly 47-24 |
The Old Rule Is Gone, and That Matters More Than You Think
For decades, New Jersey custody law operated under a foundational assumption: children benefit from frequent and continuing contact with both parents after separation. That language in N.J.S.A. 9:2-4 shaped how judges approached every custody dispute. It created a gravitational pull toward maximizing both parents' time, even in cases involving domestic violence or abuse.
The new law flips the priority order. Courts must now treat the "protection and welfare, both physically and emotionally, of minor children" as paramount. Contact with both parents is still recognized as valuable, but it is no longer the starting assumption. Instead, it is one consideration among many, and it yields to safety concerns.
This is not a subtle rewording. Under the old framework, a parent alleging domestic violence had to overcome the presumption that contact with the abusive parent was in the child's best interest. Under the new framework, the court must address safety as a threshold inquiry before it even gets to parenting schedules. That sequencing change shifts the burden in a meaningful way.
How the New 15-Factor Test Works Under New Jersey Law
The amended N.J.S.A. 9:2-4 now lists 15 non-exhaustive factors that judges must consider when determining custody and parenting time. Several stand out as significant departures from prior practice.
Factor 4 requires courts to consider any history of domestic violence. Factor 5 separately addresses the safety of the child and either parent from physical abuse by the other parent. These are now distinct, mandatory considerations, not afterthoughts buried in a general "best interests" analysis.
Factor 6 addresses the child's own preference. Children of "sufficient age and capacity to reason so as to form an intelligent decision" now have their preferences weighed by the court. The statute does not set a specific age threshold, but it adds a critical accountability mechanism: if a judge's custody order contradicts what the child expressed, the judge must "specifically place on the record the factors" justifying that decision. This documentation requirement is new and gives appellate courts a concrete basis for review.
Factor 7 elevates mental health professionals. Courts must now consider "input and supporting documentation of a State-licensed mental health professional" providing therapy or services to the child. In abuse cases, these professionals must have specialized training and experience in domestic violence.
Three Provisions That Change Day-to-Day Practice in New Jersey Family Courts
Beyond the 15-factor test, three provisions in the new law will reshape how custody litigation actually plays out.
First, the law bars courts from presuming that a child's resistance or reluctance to interact with a parent was caused by the other parent. This directly targets the "parental alienation" argument that has been used in New Jersey courts to override children's expressed fears and preferences. Judges must now investigate the actual reasons behind a child's reluctance rather than defaulting to the assumption that the custodial parent is coaching the child.
Second, reunification therapy faces strict new guardrails. Courts cannot order any therapy unless there is "generally accepted and scientifically valid proof of safety, effectiveness, and therapeutic value." Reunification therapy specifically requires consent of both parties and cannot involve force, threats, coercion, verbal abuse, isolation, or cutting off a child from a bonded parent. For parents who have been ordered into controversial reunification programs, this provision provides statutory protection that did not exist before.
Third, a parent with a history of domestic violence or abuse cannot receive increased custody time solely to improve the parent-child relationship. This closes a loophole where abusive parents argued that more time would help them bond with the child, and courts granted it despite the underlying safety concerns.
Who This Law Is Named After
Kayden Mancuso was a 7-year-old girl from Bucks County, Pennsylvania. On August 5, 2018, she was killed by her biological father during a court-ordered unsupervised visitation. Her mother, Kathryn Sherlock, had a restraining order against the father and had fought for years for sole custody due to his documented history of violence. A court-ordered mental health evaluation had found he suffered from major depressive disorder with suicidal tendencies. Despite all of this, a judge ordered unsupervised weekend custody.
The federal Kayden's Law was enacted as part of the Violence Against Women Act Reauthorization, signed by President Biden on March 16, 2022. It incentivizes states to adopt child-safety custody reforms through STOP Grant funding. Pennsylvania passed its own version on April 15, 2024. New Jersey's S4510 is the state-level implementation of these federal goals.
Practical Takeaways for New Jersey Parents
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If you have documented domestic violence concerns, the legal framework now supports raising those as a threshold issue before parenting schedules are discussed. Gather police reports, restraining orders, medical records, and CPS documentation now.
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Your child's stated preference carries more weight under the new law, and judges must explain on the record if they deviate from it. If your child has expressed fear or reluctance about a parent, ensure that is communicated to the court through proper channels, whether through a guardian ad litem, a licensed therapist, or an in-camera interview with the judge.
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Reunification therapy can no longer be imposed without scientific backing and parental consent. If you have been ordered into a reunification program that uses coercive methods, the new statute provides grounds to challenge that order.
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Courts can now appoint a guardian ad litem, an attorney for the child, or both. The GAL specifically represents the child's expressed preferences, not just a professional's assessment of best interests. This distinction matters and may be worth requesting in contested cases.
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The $1 million appropriation funds a Rutgers study of the family court system, with a report due to the Governor and Legislature by January 2029. The results of that study could lead to further reforms, so this law is a starting point rather than a final answer.
Frequently Asked Questions
Does Kayden's Law create a presumption against shared custody in New Jersey?
No. The law removes the old presumption favoring frequent contact but does not replace it with a presumption against shared custody. Courts decide custody on a case-by-case basis using 15 factors under N.J.S.A. 9:2-4. Shared parenting arrangements remain available where safety concerns are absent and the factors support it.
At what age can a child's custody preference be considered under the new law?
The statute does not set a specific age. Courts consider a child's preference when the child has "sufficient age and capacity to reason so as to form an intelligent decision." The key change is accountability: judges must now document on the record why they rejected a child's expressed preference, creating a reviewable record for appeals.
Can a court still order reunification therapy in New Jersey after Kayden's Law?
Yes, but under strict conditions. Reunification therapy now requires generally accepted scientific proof of safety and effectiveness, consent of both parties, and cannot involve force, threats, coercion, verbal abuse, or isolation. Courts cannot cut off a child from a bonded parent as part of the therapy process.
Does Kayden's Law apply to existing custody orders or only new cases?
The law took effect immediately on January 20, 2026, and applies to all custody proceedings going forward, including modifications of existing orders. Parents seeking to modify a custody arrangement under the new framework should consult with a family law attorney about whether the changed legal standard supports a motion to modify.
How does Kayden's Law affect parental alienation claims in New Jersey custody cases?
The law directly addresses this by prohibiting courts from presuming that a child's resistance to a parent was caused by the other parent. Judges must investigate the actual reasons behind a child's reluctance. This provision makes it harder to use alienation theories to override documented safety concerns or children's own statements about their experiences.
New Jersey's exclusive directory attorneys understand how Kayden's Law changes custody strategy in your county. Find your county's attorney to discuss how these reforms apply to your situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.