[First Reprint]
SENATE, No. 4510
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MAY 22, 2025
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen)
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
SYNOPSIS
Clarifies procedures in certain contested child custody cases.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 26, 2025, with amendments.
An Actconcerning 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 1[in]1 the public policy of this State to assure 1[that]1 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] 1including, but not limited to, frequent and continuing contact with both parents [are held paramount]1 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] 1encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. The Legislature further finds and declares that it is the public policy of this State to1 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 1[primary] paramount1 .
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 1[findings and recommendations] input and supporting documentation1 of 1[the] a State1 licensed mental health professional, if any, providing private therapy or other services to the child 1to the extent allowed under the professional's State licensure1 ; 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 1[, 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]1 . 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[(1)]1 The court shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.
1[(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.]1
g. 1[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.] (1) In cases where there exists an expressed concern with refusal and resistance to contact between parent and child, the court shall consider the following non-exhaustive factors in determining whether to order reunification therapy or other form of remedy or treatment to address the situation:
(a) the claimed reasons, extent, and duration of the refusal or resistance from the perspective of each parent and the child, if the child is deemed by the court to be of sufficient age, capacity, and maturity to express their reasons;
(b) the child's age, capacity, and maturity level, including whether the child has special needs and whether those special needs affect the child's capacity and maturity level;
(c) the willingness of each parent and the child, if the child is deemed by the court to be of sufficient age, capacity, and maturity to express a preference, to engage in reunification therapy;
(d) any conduct claimed by one parent against the other parent that weighs in favor of or against the implementation of reunification therapy or other form of remedy;
(e) any history of therapy in which the child was involved, including, but not limited to, individual, family, or reunification therapy;
(f) any prior interventions or other efforts that were implemented and the results thereof;
(g) any history of domestic violence or evidence that either parent harmed or placed the child's health, safety, or welfare at substantial risk of harm; and
(h) any other relevant factor.
(2) If the court determines that reunification therapy is appropriate, it may appoint a reunification therapist to commence the therapeutic process who may coordinate or consult with any treating therapists for the parents and the child. The reunification therapist shall report to the court regarding the therapeutic process, including the parties' and child's willingness to participate in the process, and any progress made, on a periodic basis as determined appropriate by the court. Based on the contents of the therapist's reporting, the court may, within its discretion, make modifications to ongoing therapy as deemed appropriate, including, but not limited to, implementing alternative options to address the subject parent-child relationship, or ceasing or suspending the therapy, with the reasons for such modifications placed on the record. Nothing set forth herein shall prevent the parties from voluntarily agreeing to engage in reunification therapy without the need for court intervention.
(3)1 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)
1[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.]1
1[3.] 2.1 This act shall take effect immediately.