New Jersey has fundamentally rewritten its child custody statute. On his way out of office, former Gov. Phil Murphy signed S4510/A5761, amending N.J.S.A. 9:2-4 to delete the decades-old public policy guaranteeing children "frequent and continuing contact with both parents" and replace it with a safety-first standard under Kayden's Law. The change is effective immediately for all pending and future cases.
Key Facts
| Item | Detail |
|---|---|
| What happened | New Jersey amended its custody statute to remove the "frequent and continuing contact" public policy and prioritize child safety |
| When | Signed January 2026 (Gov. Murphy's final acts in office); effective immediately |
| Where | New Jersey (statewide) |
| Bill / statute | S4510 / A5761 amending N.J.S.A. 9:2-4 |
| Who's affected | All parents in pending and future custody cases; family court judges; survivors of domestic abuse |
| Impact | Courts must resolve abuse and coercive-control concerns before any best-interests analysis; a child's expressed preference now carries greater weight |
Why this matters legally
This ruling changes the starting point of every New Jersey custody dispute. For roughly 30 years, N.J.S.A. 9:2-4 opened with a declaration that it was the public policy of the state to assure minor children "frequent and continuing contact with both parents." That single phrase functioned as a thumb on the scale toward shared parenting in nearly every contested case, and litigants invoked it routinely to argue for expanded time even where abuse allegations existed.
S4510/A5761 deletes that presumption-like language, as reported by Cohen Seglias and the Weinberger Law Group. In its place, the Legislature inserted safety-first declarations drawn from Kayden's Law — the federal framework (part of the 2022 Violence Against Women Act reauthorization) named for 7-year-old Kayden Mancuso, who was killed by her father during a court-ordered unsupervised visit in 2018. New Jersey courts must now resolve concerns about domestic violence, child abuse, and coercive control before reaching the traditional best-interests-of-the-child analysis. Safety is no longer one factor among many; it is the threshold question.
How New Jersey law handles this
New Jersey custody decisions are governed by N.J.S.A. 9:2-4, which historically directed judges to weigh a list of best-interests factors — including the parents' ability to agree and communicate, the needs of the child, the stability of the home environment, and the fitness of each parent. The amended statute reorders that framework so that evidence of abuse or coercive control is evaluated first and can independently limit or restrict parenting time before the judge ever balances the remaining factors.
Two practical shifts stand out. First, the law elevates the weight given to a child's expressed preference. Under prior practice, a child's wishes were considered "if the child is of sufficient age and capacity to reason," but the new language signals that a mature child's stated preference should carry far greater influence in the court's analysis. Second, because the amendment applies immediately to pending matters, parents currently in litigation — not just those who file after the effective date — are subject to the new standard. New Jersey survivors of domestic violence may also continue to seek protection under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-29, which works alongside the revised custody framework.
Practical takeaways
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Document safety concerns now. If your case involves domestic violence, child abuse, or coercive control, gather records — police reports, restraining orders, medical records, texts, and emails — because these facts must be resolved before any best-interests balancing under the amended N.J.S.A. 9:2-4.
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Stop relying on the old "frequent and continuing contact" argument. That public policy language is gone. Parents who built their position around guaranteed shared time should revisit their strategy with counsel.
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If you have a pending case, expect the new standard to apply. Because the law is effective immediately, judges can apply it to motions and trials already underway. Ask your attorney how it affects scheduled hearings.
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Take your child's expressed preferences seriously — but appropriately. The amendment increases the weight of a mature child's wishes. Avoid coaching, which courts scrutinize harshly; instead, ensure the child's voice can be heard through proper channels.
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Coordinate custody and protective orders. If you need immediate safety relief, a restraining order under N.J.S.A. 2C:25-29 can run parallel to your custody case.
Frequently Asked Questions
What did New Jersey's new custody law actually change?
S4510/A5761 amended N.J.S.A. 9:2-4 in January 2026 to remove the "frequent and continuing contact with both parents" public policy and add safety-first declarations under Kayden's Law. Courts must now resolve abuse and coercive-control concerns before conducting any best-interests analysis.
Does the new law apply to my existing custody case?
Yes. The amendment is effective immediately for all pending and future cases. New Jersey judges can apply the revised N.J.S.A. 9:2-4 standard to motions, hearings, and trials already in progress, not just to cases filed after the January 2026 effective date.
Is there still a presumption favoring 50/50 custody in New Jersey?
No. New Jersey never had a strict 50/50 presumption, and the 2026 amendment to N.J.S.A. 9:2-4 removed the "frequent and continuing contact" language that pushed toward shared parenting. Safety is now the threshold issue, evaluated before any best-interests balancing.
What is Kayden's Law?
Kayden's Law is a federal framework enacted in the 2022 Violence Against Women Act reauthorization, named for 7-year-old Kayden Mancuso, who was killed during a court-ordered unsupervised visit in 2018. It encourages states to prioritize child safety in custody decisions. New Jersey's S4510/A5761 adopts these principles.
How much does a child's preference matter now in New Jersey?
A child's expressed preference now carries far greater weight under the amended N.J.S.A. 9:2-4. While prior law considered a child's wishes only if the child could reason adequately, the 2026 amendment signals that a mature child's stated preference should significantly influence the court's custody determination.
Talk to a New Jersey custody attorney
If you have a pending or upcoming custody matter, the 2026 amendments to N.J.S.A. 9:2-4 may directly affect your case strategy. A New Jersey family law attorney can explain how the safety-first standard and the removal of the "frequent and continuing contact" policy apply to your specific 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.