New Jersey’s custody law changed on January 20, 2026, when P.L. 2025, c.316 took effect immediately. The law reinforces that custody decisions must be made individually and with the child’s best interests as the guiding principle. It also creates an important safeguard in certain contested cases: when a child is deemed sufficiently mature and asks to speak with the court, the child may be heard privately by the judge. 

What Changed Under the New Law?

The new law, enacted as Senate Bill 4510 and Assembly Bill 5761, updates New Jersey’s custody statute, N.J.S.A. 9:2-4. It emphasizes that custody and parenting-time decisions must be decided case by case, with the best interests of the child remaining paramount. It also expands the statutory factors courts consider, including any history of domestic violence or child abuse and the safety of the child, the child’s siblings, and either parent. 

For families involved in a contested custody matter, this is a meaningful development. The law recognizes that parents’ testimony alone may not always provide the court with a complete picture of a child’s needs, experiences, or concerns. The Legislature specifically described the measure as a way for courts to receive relevant information from children and, where permitted, their treating mental-health professionals. ([pub.njleg.state.nj.us](https://pub.njleg.state.nj.us/Bills/2024/S5000/4510_S3.HTM?utm_source=openai))

Can a Child Now Tell the Judge Where They Want to Live?

In the right circumstances, a child may privately share their views with the court—but the child does not get to make the final custody decision. New Jersey courts must still evaluate the full set of best-interest factors, including each parent’s ability to cooperate, the child’s relationship with each parent and siblings, home stability, the child’s needs, parental fitness, safety concerns, and the child’s preference when the child has sufficient age and capacity to form an intelligent decision. ([pub.njleg.state.nj.us](https://pub.njleg.state.nj.us/Bills/2024/PL25/316_.PDF?utm_source=openai))

The new law provides that a child who is deemed to be of sufficient age and who wants to speak with the court must be given an opportunity to do so privately and off the record in the judge’s chambers. The record of that conversation is sealed. 

In practical terms, a child’s wishes can be an important part of the evidence, especially when the child can clearly explain their reasons. However, a preference alone is not controlling. A judge may reach a different result if the requested arrangement would not serve the child’s safety, stability, educational needs, or overall well-being.

There Is No Automatic Age for a Child Interview

The statute does not establish a specific age at which a child automatically receives the right to speak with the judge. Instead, the court considers whether the child has sufficient age, capacity, and maturity to express meaningful reasons. The court may also consider whether special needs affect the child’s capacity or maturity level. ([pub.njleg.state.nj.us](https://pub.njleg.state.nj.us/Bills/2024/PL25/316_.PDF?utm_source=openai))

That approach is important because every child develops differently. A mature younger teenager may be able to explain thoughtful, independent reasons for a residential preference, while an older child’s views may carry less weight if the court finds those views are the result of pressure, fear, or parental influence.

Larkin Farrell LLC can help parents understand how a child’s age, maturity, circumstances, and stated concerns may factor into a New Jersey custody case.

Private Interviews Are Not Meant to Put Children in the Middle

A private judicial interview is intended to give a child a safe, less intimidating setting to share relevant information. It is not designed to force a child to choose a parent or carry responsibility for the outcome of the case.

The law’s private-chambers provision appears in the part of the statute addressing court-ordered therapy when a child is estranged from or resists contact with a parent. Before ordering therapy in those circumstances, the court must evaluate specific factors, including the reasons for the separation from the child’s perspective when the child is sufficiently mature to express them. 

For this reason, parents should be careful not to coach, pressure, or repeatedly question a child about where they want to live. Attempts to influence a child’s statements can harm the child emotionally and may negatively affect the court’s view of a parent’s judgment and willingness to support the child’s relationship with the other parent.

How the New Law Addresses Safety and Abuse Concerns

The 2026 amendments also place clearer focus on safety. Courts must consider domestic violence, child abuse, and the safety of the child, siblings, and either parent when making custody decisions. The law further prohibits courts from presuming that a child’s reluctance to interact with a parent was caused by the other parent. When there is evidence of domestic violence or child abuse, the offending party may not receive increased custody simply to improve that relationship or address the child’s reluctance to have contact. 

These protections recognize that a child’s resistance or fear may have complex causes. A child’s statements should be considered thoughtfully, along with all available evidence, rather than dismissed as the result of one parent’s influence.

What This Means for Parents in Custody Disputes

Parents should understand that the new law does not create a formula for custody outcomes. It does, however, make clear that children’s perspectives may be relevant and that qualified children who seek to speak privately with the court have an important avenue to be heard in the circumstances covered by the statute.

If custody is disputed, it is helpful to focus on evidence that addresses the child’s actual needs: school routines, healthcare, family support, safety, transportation, parenting history, communication between parents, and the stability of each home. Larkin Farrell LLC helps New Jersey parents develop a clear strategy that keeps the child’s well-being at the center of the case.

FAQ

Does a child get to choose which parent to live with in New Jersey?

No. A child’s preference is one factor the court may consider, but the judge makes the final decision based on the child’s best interests.

When did New Jersey’s new custody law take effect?

P.L. 2025, c.316 was approved and became effective on January 20, 2026. 

Is there a minimum age for a child to speak to the judge?

No. The court determines whether a child has sufficient age, capacity, and maturity to express meaningful reasons for their views.

Will the parents be present during the child’s conversation with the judge?

The statute provides for an audience off the record and in private chambers, and it requires the record of the conversation to be sealed. 

Does this law apply to every custody case?

The law addresses procedures in certain contested custody cases and includes the private-interview provision in its standards governing court-ordered therapy involving a child’s estrangement or resistance to contact. An attorney can evaluate how the statute may apply to a family’s specific circumstances.