Litigation Quarterly Advisor – Winter 2026

If you are in the middle of a custody dispute or thinking about filing one, New Jersey’s custody laws have changed in a way that directly affects you and your children. On January 20, 2026, Governor Murphy signed S4510/A5761 into law. The amendments to N.J.S.A. 9:2-4 represent a significant shift in how courts determine what is truly in a child’s best interests, placing greater emphasis on safety, transparency, and the child’s own lived experience.

At the heart of the amendment is a new legal starting point: child safety. Under the prior statute, safety was one factor

among many, considered alongside issues such as school stability, parental cooperation, and geographic proximity. The new law elevates safety to a mandatory threshold issue. If there is a history of domestic violence, abuse, or credible safety concerns, the court is required to address those risks directly rather than minimizing them in pursuit of equal parenting time.

The amendment also changes how courts listen to children. When a child is of sufficient age and maturity to form an intelligent opinion, the court must now give meaningful consideration to that child’s expressed preferences. Children have the right to speak privately with the judge in chambers, and those conversations are sealed to protect their privacy. This requirement ensures that a child’s voice is not quietly dismissed and gives parents a clearer understanding of how the court reached its decision.

Another significant reform involves court-ordered reunification therapy. Under the amendment, courts may no longer order reunification therapy unless there is generally accepted, scientifically valid evidence demonstrating that the approach is safe and effective. Courts are also prohibited from assuming that a child’s reluctance to see a parent is the result of parental alienation without investigating the underlying reasons. A parent with a history of abuse cannot be awarded additional custody time simply to force a relationship.

The new law also brings greater transparency and accountability to custody decisions. The amendment requires judges in contested cases to make detailed findings on the record and to clearly explain how each statutory factor influenced the decision.

In addition, the amendments raise the standards for mental health professionals professionals providing evaluations must be state-licensed, and when a case involves domestic violence or abuse, the professional must have specific training and experience in those areas.

For families in New Jersey and around the country, commencing the divorce process often raises questions such as how much will the entire process cost? And how long will it take to get divorced? While traditional divorce litigation may be necessary in certain matters, today, less than 10% of all divorce cases actually go to trial. Alternate Dispute Resolution (“ADR”) provides an avenue for parties to settle their conflicts outside of Court litigation. Specifically, mediation as a form of ADR has become an increasingly popular method for parties to take advantage of.

Divorce mediation is where both parties can voluntarily elect to work with a neutral third-party to resolve issues surrounding equitable distribution, custody and parenting time, alimony, etc. In New Jersey, mediation can occur by way of the Court referring the parties to attend mediation with one of its mediators, or the parties may elect to attend private mediation with a mediator of their own choice, all while having their attorneys present to ensure their interests and rights are protected.

Deepfake technology (Artificial Intelligence generated audio, video, and images that convincingly mimic real people) has rapidly become more accessible and sophisticated. While often discussed in the context of

In New Jersey family law matters, electronic evidence is now routine. Text messages, emails, social media content, financial and messaging applications, location data, and cloud storage frequently appear in divorce, custody, support, and domestic violence cases. While this evidence can be highly persuasive, it also presents significant privacy, admissibility, and ethical challenges.

Digital evidence is commonly used to support or refute claims related to income, assets, parenting ability, domestic violence, and credibility. Courts acknowledge the value of such evidence, but only when it is lawfully obtained, reliably preserved, and properly presented.

Under the New Jersey Rules of Evidence, digital evidence must be relevant and authenticated to be admissible. Authentication requires proof that the evidence is what the proponent claims it to be and that it has not been altered. A screenshot alone may be insufficient if authenticity is challenged. Because digital evidence is

If you have any questions about this alert, please contact:
Carl J. Soranno, Member | 973.403.3127 | csoranno@bracheichler.com

I. What is a Parenting Coordinator?
A Parenting Coordinator is a relatively new role meant to assist parents, lawyers and the Court in high conflict custody cases.

New Jersey Court Rule 5:8D, was implemented on September 1, 2023, to govern the use of Parenting Coordinators in divorce and non-dissolution matters. Anytime the parents repeatedly disagree on what is in the best interest of their children, the case can benefit from appointment of a Parenting Coordinator.

In New York, PC involvement is based on local practice and court decisions rather than a statewide rule. Some districts, like the 8th Judicial District, have developed their own guidelines, however, these are not applicable for all of New York.

As the role of a Parenting Coordinator in both states is defined as a neutral third party to help parents implement parenting plans and resolve day-to-day issues, Parenting

Judge Lisa F. Chrystal is a retired Superior Court Judge From New Jersey. Judge Chrystal served as a Judge for 22 years and as the Presiding Judge of the Family Division in Union County for eight years before her retirement in June 2022. She is Chair of the Alternative Dispute Resolution Group at Brach Eichler in Roseland, NJ where she serves as a mediator, arbitrator and Parenting Coordinator. Judge Chrystal is a Court Certified Parenting Coordinator in New Jersey.