05/14/2026
New Jersey family law saw one of its most significant custody law changes in decades with the implementation of what is commonly referred to as “Kayden’s Law.”
The 2026 amendments to N.J.S.A. 9:2-4 represent a meaningful shift in how courts approach custody and parenting time disputes. Historically, New Jersey courts emphasized the importance of maximizing frequent and continuing contact between children and both parents whenever possible. Under the revised statute, courts are now directed to place greater emphasis on child safety and emotional well-being before determining parenting arrangements.
The changes impact many important areas of custody litigation, including:
• Domestic violence allegations
• Coercive control concerns
• Mental health considerations
• Children’s custodial preferences
• Custody evaluations and expert testimony
• Reunification therapy issues
• High-conflict parenting disputes
One of the most discussed aspects of the new law is the increased consideration given to a mature child’s preferences. Courts may now be expected to address those wishes more directly when making custody determinations.
These reforms are already changing how custody cases are litigated throughout New Jersey. Parents involved in custody disputes should understand that courts are likely to place increased focus on documentation, communication patterns, safety concerns, and the overall best interests of the child.
As New Jersey courts continue interpreting and applying these changes, family law practitioners expect significant developments in custody litigation and appellate decisions over the coming years.
If you are navigating a custody or parenting time matter, staying informed about these legal developments is more important than ever.