On his last day in office Governor Murphy signed into law S4510. This law, that is now effective immediately for all custody cases in New Jersey, significantly changes our custody statute, N.J.S.A. 9:2-4.
Child’s Preference Now Given Significant Weight
One key component of the new law is that it has elevated a “child’s preference.” A child’s preference under our prior law was only one factor the Court was to take into consideration if the child is of sufficient age to form an opinion. Now, a child’s opinion is given considerable weight such that “…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 just the court’s decision to disregard the child’s expressed preferences.”
Furthermore, if the Court finds the child to be of sufficient age and the child wishes to express his/her opinion, the Court must speak with the child off the record and in chambers. In essence, this now places a huge burden on the child to choose one parent over the other.
Therapy Requires Good Cause
Another key component of the new law requires that, when parents do not agree, any type of therapy may only be ordered if it is “scientifically valid and have generally accepted proof of effectiveness and therapeutic value.” Hence, a showing of “good cause” prior to ordering such therapy is now required. Moreover, no treatment program, such as reunification therapy between a child and an estranged parent, will be ordered without the consent of both parties and a determination that the child is of sufficient age. A plenary hearing will now be required on the issue to determine whether the standard has been met. Subsequently, this would involve expert testimony. The current language would also restrict the Court’s ability to order any other type of therapy absent meeting the requirements under the new law.
The Court may also be presented with a child, who is of sufficient age, experiences in therapy in determining whether to modify, continue, or stop the therapy. Again, children are now being invited to advise the Court on his/her experiences in therapy, which undoubtably can be impacted by one parent.
Experienced Representation Is Vital Amid Monumental Shift
This law raises new concerns and questions such as whether one parent’s constitutional rights are violated. While time will tell as to how this law impacts families, it is anticipated that children will now be further negatively intertwined into family matters. It is important that litigants understand this new age we now live in and even more important that litigants hire an experienced attorney who is cognizant of this monumental shift in the law. We are here to help you navigate this new law and explore your options that are best suited for you and your family.
