New Jersey recently enacted reforms to the state’s child custody laws to better protect children in vulnerable situations where there are allegations of parental abuse, domestic violence or other safety concerns.
Known as “Kayden’s Law,” after the tragic case that inspired the push to change, the new rules significantly change the playing field for parents who are seeking to protect their children from a dangerous co-parent.
Contested custody cases will be handled differently moving forward
Kayden’s Law is named after seven-year-old Kayden Mancuso, a Pennsylvania child who was killed by her father during court-ordered unsupervised parenting time despite concerns about his history of violence.
Prior to the changes, there was an automatic presumption that children benefited most from “frequent and continuing contact” with both parents. Now, the priority in each custody case is squarely set on child safety. Judges are now required to look at each parent’s history of domestic violence, child abuse or other violent acts before they look at any other custody factors. In addition:
- Custody cannot be increased when there is a history of parental abuse simply to “improve the parent-child relationship.”
- There is a rebuttable presumption against overnight visits with a parent when a restraining order is in place.
- Judges are sharply limited from ordering “reunification therapies” that use force, isolation techniques or demand total separation from the protective parent.
- A child’s expressed, mature preference regarding custody must be considered and given significant weight. If a judge goes against the child’s preference, they must articulate their specific reasoning and place it in the official record.
In addition, there are now 15 specific factors that must be weighed when determining the best interests of the child, with a focus on preventing child endangerment.
Parents involved in serious custody disputes need to anticipate the change in the court’s approach, particularly if there are allegations of abuse, parental instability or violence. The court is likely to take a much more careful and detailed examination of all the factors in a custody case, and that is likely to make each case inherently complex. Early legal guidance is wise.