A new bill quietly moving through the New Jersey legislature—Assembly Bill A-5761—has the potential to reshape how contested child custody cases are handled in family court. Introduced on June 12, 2025, this legislation attempts to “clarify procedures in contested custody cases.” On the surface, it sounds helpful. But depending on who you ask, it could either streamline a broken process or disrupt a profitable status quo.

https://www.law.com/njlawjournal/2025/06/23/lawyers-denounce-revamp-of-child-custody-dispute-procedures

Let’s unpack what this means for families — and the family law industry.

A measure that would revamp New Jersey’s child custody dispute laws is being widely denounced by matrimonial lawyers.

The bill, S-4510, would require judges to give more weight to a child’s own express preference when considering which parent gets custody. It would also restrict judges’ ability to order so-called reunification therapy, which seeks to reunite or reestablish a relationship between an estranged parent and the child. In addition, the bill would require the court to weigh the recommendations of the child’s mental health professional.

On June 29, the Senate Judiciary Committee gave its OK to S-4510 by a margin of 7-4. A companion bill, A-5761, is pending in the General Assembly.

Matrimonial lawyers are concerned that the bill could be harmful to children by putting them in the middle of the conflict between their parents, said Francesca O’Cathain, president of the American Academy of Matrimonial Lawyers-New Jersey.

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✅ What A-5761 Tries to Do

While the full text hasn’t yet made headlines, the stated intent is clear: standardize and clarify custody case procedures. That means judges would be expected to follow clearer rules, potentially reducing the use of conflicting “expert opinions” and random judicial discretion that often creates uncertainty — especially in high-conflict cases.

• More structure, less guesswork
  The bill could create consistency in how courts consider parenting time, legal custody, and parental fitness.
  
• Reduced abuse of “experts for hire”
  Families who can afford to pay for custody evaluators or psychologists often tip the scale. If A-5761 narrows when and how these experts are used, it could level the playing field.
  
• Streamlined court time = less billing
  If custody hearings are faster and more predictable, that means fewer billable hours — not just for lawyers, but for GALs, therapists, and others who profit from dragging things out.
  

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👨‍👩‍👧‍👦 How It Could Help Families

1. Lower conflict, lower costs.
   For average families—especially working-class parents without endless funds—this could be a blessing. It narrows the margin for manufactured conflict and keeps custody decisions rooted in evidence, not emotion or financial firepower.
   
2. Protection from judicial mood swings.
   Today’s system often allows for a single judge to make life-altering decisions based on personal opinion or bias, with no jury and minimal oversight. A-5761, depending on how it’s written, might help reduce those disparities.
   
3. Focus on kids, not courtroom theatrics.
   If court time is spent evaluating real parenting—not dissecting edited emails, psychological reports, or endless he-said/she-said testimony—children may finally stop being collateral damage.
   

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⚠️ How It Could Hurt Lawyers — and Why That’s Not Necessarily a Bad Thing

Let’s be blunt. The current custody system incentivizes delay, drama, and complexity.

• Long hearings?
  That’s more money.
  
• Endless expert reports?
  More money.
  
• Ambiguity and judicial discretion?
  Even more money — especially if you’re advising affluent clients who want to weaponize custody as leverage.
  

If A-5761 starts tightening the rules and eliminating unnecessary motion practice, it could significantly reduce billable hours. That’s bad news for lawyers who have built their business model around adversarial custody battles.

But that’s not bad news for families.

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🧠 What the Bill Doesn’t Address (Yet)

• Bias in judges.
  Even with clearer procedures, if judges still have unchecked discretion and there’s no appellate oversight or jury review, many families may still suffer from inconsistent results.
  
• False accusations and parental alienation.
  A-5761 doesn’t solve the deeper cultural problems in custody cases — including how easily false claims can shape outcomes when there’s no rigorous fact-finding process.
  
• The pro se problem.
  Simplifying procedures may help parents representing themselves, but it also assumes that clear rules = fair outcomes. That’s not always true, especially if courts fail to enforce rules uniformly.
  

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🗣️ Final Thoughts: Reform Is Coming, Ready or Not

Assembly Bill A-5761 may not be perfect, and it still needs to survive committee reviews and floor votes. But one thing is clear: New Jersey’s family court system is long overdue for reform. This bill, even if imperfect, opens the door to a more balanced, efficient, and less abusive process.

And yes, it might force some in the legal industry to rethink how they practice. That’s a good thing.

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📌 Call to Action:
If you’re a parent navigating custody, a practitioner who believes in ethics, or someone tired of watching kids get caught in the crossfire, now is the time to pay attention. Contact your legislator. Ask questions. Demand transparency.
And remember: less courtroom chaos isn’t a loss — it’s a long-overdue correction.