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A2129
ASSEMBLY, No. 2129
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Co-Sponsored by:
Assemblyman Venezia
SYNOPSIS
���� Clarifies procedures in certain contested child
custody cases.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning child custody, amending R.S.9:2-4,
and supplementing Title 45 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. R.S.9:2-4 is amended to
read as follows:
���� 9:2-4. The Legislature finds
and declares that it is in the public policy of this State to assure
that
the protection and welfare, both physically and emotionally, of
minor
children
[
of
frequent and continuing contact with both parents after the parents have
separated or dissolved their marriage and that it
]
are held paramount after the
parents have separated or dissolved their marriage and that it
is in the
public interest to
[
encourage
parents to share the rights and responsibilities of child rearing in order to
effect this policy
]
ensure that decisions concerning child custody and parenting time are made
on a case-by-case basis to make certain that the best interests of children are
primary
.
���� In any proceeding involving
the custody of a minor child, the rights of both parents shall be equal and the
court shall enter an order which may include:
���� a.���� Joint custody of a
minor child to both parents, which is comprised of legal custody or physical
custody
[
which
]
,
shall
include: (1) provisions for residential arrangements so that a child shall
reside either solely with one parent or alternatively with each parent in
accordance with the needs of the parents and the child; and (2) provisions for
consultation between the parents in making major decisions regarding the
child�s health, education and general welfare;
���� b.��� Sole custody to one
parent with appropriate parenting time for the noncustodial parent; or
���� c.���� Any other custody
arrangement as the court may determine to be in the best interests of the
child.
���� In making an award of custody,
the court shall consider
,
but not be limited to
,
the following
factors: the parents� ability to agree, communicate and cooperate in matters
relating to the child; the parents� willingness to accept custody and any
history of unwillingness to allow parenting time not based on substantiated
abuse; the interaction and relationship of the child with
[
its
]
the
child�s
parents and siblings; the history of domestic violence, if any; the
safety of the child and the safety of either parent from physical abuse by the
other parent; the preference of the child when of sufficient age and capacity
to reason so as to form an intelligent decision;
the findings and
recommendations of the licensed mental health professional, if any, providing
private therapy or other services to the child;
the needs of the child; the
stability of the home environment offered; the quality and continuity of the
child�s education; the fitness of the parents; the geographical proximity of
the parents� homes; the extent and quality of the time spent with the child
prior to or subsequent to the separation; the parents� employment
responsibilities; and the age and number of the children.� A parent shall not
be deemed unfit unless the parents� conduct has a substantial adverse effect on
the child.
���� The court, for good cause and
upon its own motion, may appoint a guardian ad litem or an attorney or both to
represent the minor child�s interests
, which shall include but not be
limited to representing the expressed preferences of the child, whether
expressed by the child verbally or in writing, unless such preferences pose an
imminent risk of substantial physical, financial, or other harm to the child.
To the extent that the child has expressed any particular reason or reasons for
the child�s preferences, the guardian ad litem or the attorney or both shall so
inform the court
.� The court shall have the authority to award a counsel
fee to the guardian ad litem and the attorney and to assess that cost between
the parties to the litigation.
���� d.��� The court shall order
any custody arrangement which is agreed to by both parents unless it is
contrary to the best interests of the child.
���� e.���� In any case in which
the parents cannot agree to a custody arrangement, the court may require each
parent to submit a custody plan which the court shall consider in awarding
custody.
���� f.����
(1)
The court
shall specifically place on the record the factors which justify any custody
arrangement not agreed to by both parents.
����
(2)�� If the court orders
any custody arrangement contrary to the expressed preferences of the child, the
court shall specifically place on the record the factors which justify the
arrangement and which justify the court�s decision to disregard the child�s
expressed preferences.
����
g. The court shall not
order reunification therapy unless there is generally accepted and
scientifically valid proof of the safety, effectiveness, and therapeutic value
of the reunification therapy; and good cause is shown by a preponderance of the
evidence that reunification therapy is appropriate.� Such evidence shall
include but not be limited to evidence of consensus from mental health
professionals and evidence of the child�s willingness to participate in
reunification therapy.�
����
For the purposes of this subsection,
�reunification therapy� means family therapy that aims to reunite or
reestablish a relationship between an estranged parent and a child.
(cf: P.L.1997, c.299, s.9)
���� 2. �(New section) The State
Board of Marriage and Family Therapy Examiners shall, no later than 12 months
following the effective date of P.L.���� , c.����� (pending before the
Legislature as this bill), develop professional standards for the practice of
reunification therapy and, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations promulgating
such standards.� In developing such standards, the Board is directed to consult
with other professional licensing boards governing mental health professionals,
professional organizations or learned societies with relevant expertise, and
the Administrative Director of the Courts or a designee with judicial
experience in child custody cases.�
���� For the purposes of this
section, �reunification therapy� means family therapy that aims to reunite or
reestablish a relationship between an estranged parent and a child.
���� 3. �This act shall take effect
immediately.
STATEMENT
���� This bill is intended to
clarify procedures in certain contested child custody cases.� The bill would
impose certain restrictions on the court�s authority to order reunification
therapy for the child, require the court to give more weight to the child�s
preferences in determining custody, and require the court to weigh the findings
and recommendations of the child�s mental health professional, if any.� The
bill defines �reunification therapy� as family therapy that aims to reunite or
reestablish a relationship between an estranged parent and a child.
���� Under the bill, in making an
award of custody, the court would be required to consider, among other factors,
the findings and recommendations of any licensed mental health professional
providing private therapy or other services to the child.
���� The bill also prohibits the
court from ordering reunification therapy unless there is generally accepted
and scientifically valid proof of the safety, effectiveness, and therapeutic
value of the reunification therapy, and good cause is shown by a preponderance
of the evidence that reunification therapy is appropriate.� Such evidence would
include but not be limited to evidence of consensus from mental health
professionals and evidence of the child�s willingness to participate in
reunification therapy.
���� Under current law, the court
may appoint a guardian ad litem or an attorney, or both, to represent the minor
child�s interests.� The bill specifies that representing the child�s interests
shall include but not be limited to representing the expressed preferences of
the child, whether expressed by the child verbally or in writing, unless such
preferences pose an imminent risk of substantial physical, financial, or other
harm to the child. The bill provides that to the extent that the child has
expressed any particular reason or reasons for the child�s preferences, the
guardian ad litem or the attorney or both shall so inform the court.
���� The bill also provides that if
the court orders any custody arrangement contrary to the expressed preferences
of the child, the court would be required to specifically place on the record
the factors which justify the different arrangement and which justify the
court�s decision to disregard the child�s expressed preferences.
���� In addition, the bill requires
the State Board of Marriage and Family Therapy Examiners to develop
professional standards for the practice of reunification therapy, and adopt
rules and regulations promulgating such standards.
���� Finally, the bill modifies
language in the portion of the custody statute that sets out legislative
findings and declarations.� The new language provides that the protection and
welfare, both physically and emotionally, of minor children are held paramount
after the parents have separated or dissolved their marriage and that it is in
the public interest to ensure that decisions concerning custody and visitation
are made on a case-by-case basis to make certain that the best intersts of
children are primary.