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NJ A854
Bill
Status
1/13/2026
Primary Sponsor
Gerard Scharfenberger
Click for details
AI Summary
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Creates a rebuttable presumption against granting custody or visitation to a parent when there is clear and convincing evidence of alleged domestic violence, sexual assault, sexual contact, or child endangerment, even without a pending court case.
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Expands child custody factors to include emotional safety and whether a child has expressed fear for their safety while in the other parent's care.
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Requires courts to consider evidence that a parent has an improper motive for seeking custody and whether that motive interferes with the ability to safely share parenting responsibilities.
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Adds "coercive control" to New Jersey's domestic violence definition, encompassing patterns of threatening, humiliating, or intimidating behavior including isolation from family/friends, financial control, monitoring activities, and demeaning conduct.
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Allows a parent to rebut the custody presumption only if the court makes a specific written finding that the parent poses no significant risk of harm and custody is in the child's best interests.
Legislative Description
Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/13/2026