N.J. just gave kids a powerful voice in custody battles. It’s already dividing courtrooms.

Key points

• Judges are now required to hold private meetings with children who request to be heard in custody disputes
• Court rulings must specifically document and reference the child's wishes and preferences
• The new rule is generating disagreement among judges and legal professionals about implementation and weight given to children's input
• The change aims to give children more agency in family law proceedings that directly affect their lives
• This represents a significant shift in New Jersey's approach to custody decisions

FAQ

Why did New Jersey create this new rule?

The rule was designed to give children a meaningful voice in custody decisions that directly affect their lives. By requiring private meetings between judges and children who request to be heard, the law recognizes children's interests and perspectives in family court proceedings.

Do all children in custody cases automatically meet with a judge?

No. The rule applies only when a child explicitly requests to be heard. Judges must accommodate requests from children who want their voice considered in the custody proceeding.

What happens during the private meeting?

During the private meeting, the judge hears directly from the child about their preferences and wishes regarding custody arrangements. The judge then must reference and address the child's input in their written ruling.

How are judges handling this new requirement?

Implementation is creating some division in New Jersey courtrooms, with judges interpreting and applying the requirement in different ways as they navigate how much weight to give children's preferences alongside other legal factors.