l custody is still common, but it is not automatic. Courts will only order shared decision-making when it supports the child’s best interests and does not create risk or instability.
The Child’s Preference Carries More Weight in 2026
A child’s preference is given greater weight and must be addressed on the record in contested cases, particularly when the child is mature enough to express a reasoned opinion.
Courts may consider:
- The child’s age and maturity
- Whether the preference is consistent and independent
- The reasoning behind the child’s choice
Importantly, in contested cases, judges are expected to address the child’s expressed preference on the record and explain their reasoning if they do not follow it.
This does not mean the child decides custody, but their voice plays a more defined role in the court’s analysis.
Custody Decisions Are Now More Case-Specific
New Jersey no longer emphasizes maximizing time with both parents as a general policy. Instead, courts focus on individualized outcomes based on the child’s circumstances.
That means:
- Shared parenting is not presumed
- Parenting time is shaped by what works for the child
- Safety and stability guide the structure of custody
When you’re preparing for a custody case, presenting a clear, realistic plan that reflects your child’s needs can make a meaningful difference.
What Changed in 2026?
The January 2026 amendments introduced several important updates:
- Safety must be addressed first before custody is determined
- The child’s preference carries greater weight, with courts expected to explain decisions on the record
- Custody decisions are more individualized, without a default toward equal or maximum parenting time
- Judges must provide findings on the record in contested custody cases
These changes shift the focus toward transparency, safety, and child-centered decision-making.
How to Prepare for a Custody Case
Courts are looking for practical, consistent evidence of your role as a parent.
You can strengthen your position by:
- Keeping records of your involvement in your child’s daily life
- Following existing court orders and schedules
- Communicating respectfully with the other parent
- Focusing on solutions that support your child’s routine and stability
We work with you to organize this information and present it in a way that aligns with how courts evaluate custody today.
Take Control of Your Custody Case
Child custody decisions can affect your relationship with your child for years to come. Understanding how New Jersey courts approach these cases in 2026 helps you make informed choices from the start.
At Murano & Roth, LLC, we help you build a custody strategy grounded in the law and tailored to your child’s needs. If you are dealing with a custody dispute or planning ahead, contact us to discuss your options.