Significant Changes to the New Jersey Custody Statute in 2026
On 20 January 2026, the former Governor of New Jersey, Phil Murphy, signed S4510/A5761 into law, thereby significantly amending New Jersey’s custody statute, N.J.S.A. 9:2-4. Although the standard of “the best interests of the child” remains the primary focus of New Jersey’s custody statute, the changes to the statute reduce judicial discretion when weighing the best interests factors and provide additional safeguards for children where courts are asked to determine custody and parenting time in divorce matters.