Why are many practitioners concerned about mandatory child interviews?

Because the term 'sufficient age' is undefined, the requirement may be applied inconsistently and can increase the risk that children feel pressured or placed in the middle of a custody dispute.

Did the updated NJSA change how courts order therapy in custody cases?

The amendments include language requiring that court-ordered therapy or treatment be scientifically valid with generally accepted proof of effectiveness and therapeutic value. Courts may also require a showing of 'good cause' before ordering certain therapies, and the statute does not clearly set requirements for appointed therapists.

Does shared custody mean there is no child support?

No. Shared custody can still involve child support depending on income differences, childcare costs, health insurance, and how parenting time is allocated.

Do temporary custody orders matter in New Jersey?

Yes. Temporary custody and parenting-time schedules often influence later decisions and can also affect temporary child support calculations.

Why do so many people file for divorce in January?

January represents a psychological and practical reset. After months of emotional strain, financial pressure, and postponed decisions during the holidays, many individuals reach a point where continuing the marriage feels unsustainable. The new year provides clarity, structure, and the emotional permission to move forward.

Is filing for divorce in January a strategic decision?

For many people, yes. Filing after January 1 can simplify tax planning, financial disclosure, and asset evaluation. It also allows individuals to plan custody schedules, housing decisions, and financial transitions with fewer year-end complications.

Does filing in January affect child custody decisions?

January filings often coincide with more stable routines for children, such as school schedules and extracurricular activities. Courts focus on consistency and the child’s best interests, and beginning the process after the holidays can reduce immediate disruption.

Are January divorces more emotionally driven than other filings?

While emotions play a role, January divorces are usually the result of long-term consideration rather than impulsive decisions. Most people who file in January have spent months weighing the emotional, financial, and family implications of divorce.

Should I speak with a lawyer before filing for divorce in January?

Yes. Early legal guidance helps you understand your rights, timing considerations, and potential risks before taking action. Preparation before filing can significantly influence financial outcomes, custody arrangements, and the overall trajectory of the case.

New Jersey Child Custody Law (NJSA) Changes Explained

Q: What is the new custody law in New Jersey?

The 'new custody law' refers to recent amendments to New Jersey’s custody statute under the NJSA. Many practitioners view the changes as a significant overhaul affecting how custody disputes are litigated, including child interviews and standards for court-ordered therapy.

Q: Can a judge interview a child in a New Jersey custody case?

Yes. Under the updated NJSA, judges may be required to interview children deemed to be of 'sufficient age.' The statute does not define 'sufficient age,' which can lead to different approaches across judges and counties.

New Jersey has implemented major changes to its child custody statute under the NJSA. These changes are widely viewed by the New Jersey family law bar as far more than a minor amendment. Many practitioners see them as a structural overhaul that may affect custody litigation for years, particularly in high-conflict custody cases.
While the revised statute is framed as a child-focused update, it also introduces new mandates and undefined standards that may increase uncertainty for families and create new litigation pressure points.

Two areas have drawn especially strong criticism:

The requirement that judges “shall” interview children deemed of “sufficient age” (a term the statute does not define, leaving it to be applied judge-by-judge), and
The revised standards around court-ordered therapy, including a “good cause” threshold and no explicit requirements for the appointed therapist.

Because custody outcomes often shape financial outcomes, parents should also understand how these custody changes can ripple into child support.. In many cases, the most practical way to evaluate scenarios is to run multiple parenting-time outcomes through the NJ Child Support Calculator.

For timing and broader context around divorce planning in New Jersey, see:

Overview of the New Jersey Child Custody Law Changes

Why New Jersey updated the custody statute

Custody litigation historically allowed for significant judicial discretion. The new NJSA changes appear intended to bring structure, yet many practitioners are concerned the law may create new ambiguity where clarity is needed most.

Instead of narrowing discretion, the statute introduces terms that can be interpreted differently by different judges. That can mean:

More contested hearings.
More motion practice.
More expert disputes.
And potentially more pressure on children and families.

For families already navigating conflict patterns and escalation, these resources can help frame what’s happening and how to respond:

What families need to understand now
Parents should assume the updated custody framework may require:

More strategic planning from day one.
Careful documentation (especially in high-conflict cases).
Clear financial forecasting using tools like the NJ Child Support Calculator.
Greater caution before agreeing to “temporary” schedules that can become the long-term baseline.

If you are considering whether an out-of-court approach could reduce escalation, start here:

How Custody Is Determined Under the Updated NJSA

The refined “best interests of the child” standard

“Best interests of the child” remains the legal standard, but the revised NJSA makes the analysis more structured and potentially more litigated. Courts are expected to articulate how they evaluate:

Stability and routines.
Communication and cooperation.
Each parent’s ability to support the child’s needs.
And the practical effect of parenting schedules.

The concern is not that “best interests” is wrong, it’s that a more detailed framework can increase battles over interpretation, especially when parents disagree on schedules, schooling, travel, or decision-making.
When scheduling disputes overlap with travel issues, see:

Expanded statutory factors

Expanding statutory factors can help courts evaluate reality, but it also gives parties more points to fight about. Expanded factors often translate into:

More evidence submissions.
More disputes over credibility.
More litigation cost.
And more time before stability is restored for the child.

Because parenting-time outcomes can influence child support outcomes, parents should model “what if” scenarios early using the NJ Child Support Calculator,, before agreeing to a schedule that later produces financial consequences.

Child Involvement and Court Interviews After the Law Change

When children may be interviewed

One of the most controversial provisions is the requirement that judges “shall” interview children deemed of “sufficient age.” The statute does not define “sufficient age,” which means the threshold can vary from judge to judge.
This creates real concern that children may be pulled into custody litigation in ways that can feel like being asked to “pick a side,” something courts historically tried to avoid.
When custody conflict tends to spike seasonally, see:

Protecting children from pressure

Even if an interview is intended to be neutral, the risk is that children may internalize responsibility for the outcome or feel emotional pressure before and after.
Parents should be extremely careful about:

Coaching (even unintentionally).
Discussing court strategy around the child.
Using the child as a messenger.
Making the child feel responsible for money or schedules.

Because children’s interviews can influence parenting time, and parenting time can influence support, families should anticipate how interview outcomes might affect financial results, again by using the NJ Child Support Calculator to run multiple scenarios.

Parenting Time, Overnights, and Stability Under New Jersey Child Custody Law

Why schedules matter more than ever

Under the revised framework, parenting time is not a secondary issue. Parenting schedules, overnights, transitions, and routines are central to how courts evaluate stability.

The practical reality is that temporary schedules can quickly become the new normal. Parents should treat early schedules as case-defining.
If you’re living together during separation and trying to design parenting time without inflaming conflict, see:

Do You Feel Like Your Marriage Is Over… Even Though You’re Still Living Together?

The direct link to child support

Overnights and parenting time often impact child support calculations. The NJSA changes make it even more important to evaluate parenting schedules alongside the NJ Child Support Calculator.

A schedule that seems reasonable emotionally may have a very different effect financially, especially when one parent has higher income, pays childcare, or covers health insurance. Run the numbers early, not after you’ve already agreed.

How New Jersey Child Custody Law Now Impacts Child Support

Custody decisions and financial outcomes

Custody and child support are legally intertwined. Parenting time, “primary residential parent” designations, and shared schedules can all influence support obligations.
That means custody negotiations are not only about time, they are also about financial commitments that can last for years.

Using the NJ Child Support Calculator

The NJ Child Support Calculator is often the fastest way to reality-check a proposed parenting plan.

Parents can use it to test:

Different overnight splits.
Different childcare cost allocations.
Income disparities.
And scenario planning for likely/worst-case outcomes.

In many cases, running multiple versions reduces conflict because it replaces assumptions with numbers.

Shared Custody After the NJSA Changes

Shared parenting as a starting point

Shared custody may be treated as a starting point in many cases, but shared custody does not eliminate disagreement, especially when communication breaks down.
If communication and control dynamics are fueling conflict, see:

Financial planning in shared custody cases

Shared custody does not automatically mean no child support. Income differences and parenting time still matter.
Before agreeing to “50/50” in principle, families should confirm what “50/50” means in practice by using the NJ Child Support Calculator, because one or two overnights per month can materially change outcomes.

Full Custody and the Higher Legal Threshold

When sole custody is still considered

Sole custody remains possible, especially in cases involving safety concerns, chronic instability, or inability to co-parent safely.
If the case involves intimidation, isolation, or coercive control, the analysis may overlap with issues addressed in:

Evidence courts now expect

Courts generally expect more than allegations. Documentation, third-party records, consistent parenting history, and credible proof often determine outcomes.
Because outcomes can affect parenting time, and therefore support obligations, families should evaluate possible end-results using the NJ Child Support Calculator before proceeding with high-risk litigation.

Fathers’ Rights Under the Updated New Jersey Child Custody Law

Equal footing reinforced by statute

New Jersey custody law is gender-neutral. Courts evaluate parents using the same statutory framework.

Demonstrating involvement and consistency

Under a more structured analysis, proof matters:

School involvement.
Medical appointments.
Communication records.
Consistent follow-through.

Fathers (and mothers) should plan strategically, and then confirm the child support impact of different parenting-time outcomes using the NJ Child Support Calculator.

High-Conflict Custody Cases Under the New Law

When cooperation breaks down

High-conflict cases are where the new statute may feel most disruptive. The child interview requirement and expanded factors can create additional litigation flashpoints.
If conflict patterns intensify around holidays and privacy limitations, see:

Court-ordered therapy: “good cause” + scientific validity concerns

Another criticized part of the amendment is its approach to court-ordered therapy: requiring “good cause” and emphasizing scientific validity and proof of effectiveness, while offering no detailed statutory requirements for the appointed therapist.
Practically, this can create new disputes over:

Whether therapy should be ordered at all.
Which modality qualifies.
Who gets appointed.
And how (or whether) progress is measured.

Financial and emotional risks

High-conflict custody disputes are expensive and often prolong instability for children.
Parents should not wait until the end of the case to think financially. Use the NJ Child Support Calculator early to forecast exposure and avoid decisions that create long-term financial shocks.

Temporary Custody Orders and Long-Term Consequences

Why temporary orders matter

Temporary orders often shape final outcomes. A “temporary” schedule can become the court’s reference point for what is working.

Early child support implications

Temporary parenting time can trigger temporary child support calculations. Before agreeing to interim arrangements, parents should run scenarios through the NJ Child Support Calculator and understand the consequences.

Planning Custody Decisions With Financial Awareness

Avoiding surprises

Many custody disputes escalate because parents feel blindsided, often financially. Predictability comes from planning.

Scenario planning with child support tools

The most practical step families can take early is to run multiple parenting-time proposals through the NJ Child Support Calculator including:

Best-case outcome.
Likely outcome.
Worst-case outcome.

Even when custody is the headline issue, financial realities are never far behind.
If your divorce also involves complex property/asset issues, you may also want to read:

Ziegler Law Group LLC Contact

The revised NJSA custody law is widely seen as a significant overhaul, not a minor update. The child interview mandate (“shall”), combined with undefined “sufficient age,” and the revised therapy standards requiring “good cause” without clear therapist requirements, create uncertainty that many practitioners find concerning.
If you are facing a custody dispute in New Jersey, or if you need to understand how parenting time could affect child support, speak with an experienced family law attorney before making decisions that can’t be easily undone.

Schedule a confidential consultation with a family law attorney in New Jersey or New York today.

Call us at: 973-533-1100
New Jersey Office: 651 W. Mt Pleasant Ave, Suite 150, Livingston, NJ 07039
New York Offices: 3 Columbus Circle, 15th Floor, New York, NY 10019 | 107 North Main Street, New City, New York 10956

For broader NY/NJ divorce context:

Frequently Asked Questions

1) What is the “new custody law” in New Jersey?

It refers to recent NJSA amendments that significantly change how custody cases proceed, including child interviews and standards around court-ordered therapy.

2) Can a judge interview a child in a New Jersey custody case?

Yes. Under the revised law, judges may be required to interview children deemed of “sufficient age,” though the statute does not define that term.

3) Why are many practitioners concerned about this change?

Because “sufficient age” is undefined, which can lead to inconsistent application and increased risk of children feeling pressured in custody disputes.

4) How does custody affect child support in New Jersey?

Parenting time and overnights can influence child support calculations. Use the NJ Child Support Calculator to test different schedule outcomes.

5) Does shared custody mean no child support?

No. Shared custody can still involve child support depending on income differences and parenting-time distribution.

6) Do temporary custody schedules matter?

Yes. Temporary schedules often become the baseline for final outcomes and can affect temporary child support.