New Jersey rewrote its custody statute in January 2026. The change landed hardest on parents just starting a divorce. Old policy language promising “frequent and continuous contact” for children with both parents has gone. Safety is now the first thing a judge considers before the broader best interests analysis begins.
Residency and Grounds Come First
You or your spouse must have lived in New Jersey for at least one year before filing, with a narrow exception for adultery cases. Most parents file for irreconcilable differences, which require that the breakdown last at least six months without a reasonable prospect of reconciliation. There are still fault grounds. They rarely help and usually make the case slower.
What the 2026 Custody Amendments Changed
Governor Murphy signed S4510/A5761 on January 20, 2026, amending N.J.S.A. 9:2-4. This bill applies to both pending cases and new filings, making four key changes for parents:
- Safety is now a primary consideration. Judges must address credible allegations of abuse or domestic violence, before considering factors like school stability, cooperation, and proximity.
- Courts can no longer assume that a child’s unwillingness to see one parent is caused by the other. To make an alienation argument, parents must now provide actual proof.
- The child’s expressed preference carries more weight, and judges must explain their decision if they rule against it.
- Courts are no longer allowed to order reunification plans based on coercive measures, threats, or isolation of the child from their preferred parent.
- Shared parenting is still encouraged, but it is not automatically assumed.
Every Case With Children Needs a Parenting Plan
If you and your spouse agree, your plan becomes part of the settlement agreement and turns into an enforceable order once the judge signs it. If you don’t agree, each parent submits a proposed Custody and Parenting Time Plan within 75 days after the last responsive pleading.
Vague plans often lead to post-divorce disputes. It’s important to be specific about:
- Legal custody, including who will make decisions about schooling, medical care, and religious upbringing.
- The residential schedule, including weeknights, holidays, school breaks, and birthdays.
- Which parent’s address determines the school district.
- How you will communicate and handle schedule changes, travel arrangements, and a potential move out of state.
Mediation and the Parents’ Education Program
Contested custody issues are screened and referred to court mediation before a judge makes a decision. The sessions are confidential, non-binding and free. If a restraining order is in effect under the Prevention of Domestic Violence Act, the case will not be sent to mediation.
Parents also complete the Parents’ Education Program, a short course-run workshop, before a final judgment is made. A judge may excuse attendance for a good reason, including domestic violence.
Child Support Follows the Guidelines
Support is calculated under the New Jersey Child Support Guidelines, using both parents’ income and the number of nights each parent spends with the children. This is a formula, not a negotiation, although a judge can deviate from it for written reasons. Both parents submit a Case Information Statement detailing the figures behind this.
One rule catches parents off guard. Support does not stop at 18. It ends by operation of law when a child turns 19, unless the parent requests continuation for school, disability, or other qualifying reason, usually up to age 23.
Talk to a Divorce Attorney Before You File
The 2026 amendments have changed the way custody evidence is presented and the things judges need to take into account, which means the first filing has more significance than it used to. Carvajal Law has helped families navigate the divorce process efficiently for over a decade. If you need help with your parenting plan or custody arrangement, please contact us for a free consultation. We can assist you in understanding your options and preparing your case before submitting the paperwork.