If you’re a father fighting for custody in New Jersey, or thinking about it, something big just happened. In January 2026, Governor Phil Murphy signed S4510/A5761 into law right before leaving office. And it changes how custody decisions work in the state.
Here’s what you need to know and why it matters for dads.
The Old Rule Is Gone
For decades, New Jersey custody law started with a clear goal: give kids “frequent and continuing contact with both parents.” That was the default. Courts were supposed to work toward that.
That language has been removed.
Instead, the new law says the “protection and welfare, both physically and emotionally, of minor children are held paramount.” Shared parenting is still encouraged, but only when it serves the child’s best interests and safety. Courts no longer have to maximize parenting time by default. They have to justify it.
For fathers who are good dads with nothing to hide, this shouldn’t scare you. But it does mean the bar for getting equal time has shifted. You need to show up prepared.
Child Safety Is Now the First Thing Courts Look At
Under the old law, safety concerns like domestic violence or abuse were weighed alongside everything else. Now, safety is the threshold issue. Courts address it first, before they even start talking about schedules or custody splits.
What this means in practice: if your ex makes safety allegations (true or not), those get addressed right at the beginning of the case. This is a double-edged sword for fathers. If you’re falsely accused, you need evidence ready from day one. If there are legitimate concerns about the other parent, the court now has clearer authority to act on them immediately.
No More Cookie-Cutter Custody Arrangements
The updated law explicitly requires case-by-case decisions. No default arrangements. No one-size-fits-all. Equal parental rights don’t automatically mean equal parenting time.
This is actually good news for involved fathers. If you can document your involvement, your relationship with your kids, and your ability to co-parent, a court has to look at YOUR situation specifically. Not just run a standard playbook.
Your Kids Get a Voice Now
One of the biggest changes: children’s expressed preferences now carry more weight. The law says kids’ voices “should be considered” and adds new requirements for judges to listen.
Age and maturity still factor in, but the intent is clear. Kids aren’t just passive bystanders in custody cases anymore. If your child wants to spend more time with you, the court has a stronger obligation to at least hear that.
Therapy Orders Just Got Stricter
Courts can no longer order any therapy they want. The new law limits court-ordered therapy to evidence-based practices and requires judicial justification. If someone’s trying to use court-mandated “reunification therapy” or questionable programs as a weapon, this provision gives you legal ground to push back.
What This Means If You’re a Father in New Jersey
- Document everything from day one. With safety as the threshold issue, evidence matters more than ever. (Read our full documentation guide here.)
- Get a lawyer who understands the new law. This just changed in January. Not every attorney has caught up yet.
- Show your involvement. School pickups, doctor visits, coaching, meal prep. In a case-by-case system, the dad who can prove he’s present wins.
- Don’t panic about the “frequent contact” language being removed. The courts still recognize equal parental rights. They just need more justification now.
- Know that other states are watching. New Jersey isn’t the only state rethinking custody frameworks. Ohio, Kentucky, and others have similar legislation moving through their systems.
The Bottom Line
This law is a mixed bag for fathers. On one hand, it removes the old presumption of maximum contact, which was something dads could lean on. On the other hand, it forces courts to actually look at individual cases instead of running default formulas.
For dads who are involved, documented, and prepared, that’s not a bad trade. The system is slowly moving toward looking at who’s actually parenting, not just who has which title.
Stay informed. Stay documented. And if you’re in New Jersey, talk to a family law attorney about how these changes affect your specific case.
FAQ
Does this new law mean fathers automatically get less custody in New Jersey?
No. Both parents still have equal rights under the law. What changed is that courts must now justify custody arrangements based on each family’s specific situation rather than defaulting to a standard arrangement. Involved fathers who can document their relationship with their children are actually in a better position under case-by-case analysis.
Does this law apply to existing custody orders?
The law took effect immediately in January 2026. For existing orders, it could affect modification requests going forward. If you’re seeking a custody modification in New Jersey, the new standards would apply.
Are other states making similar changes?
Yes. Several states have custody reform legislation in progress. Ohio’s Equal Shared Parenting Act and similar bills in Kentucky and other states are part of a national trend toward rethinking how custody decisions are made. (Read about Ohio’s Equal Shared Parenting Act.)