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Bill

A 854

Establishes rebuttable presumption against granting child custody under certain circumstances; expands best interests factors; adds coercive control to domestic violence definition.

2026-2027 Regular Session Introduced by Vicky Flynn and 1 co-sponsor

New Jersey bill creates custody presumptions, expands best-interests factors, and adds coercive control to domestic violence definition to strengthen abuse protections in family court proceedings.

Introduced, Referred to Assembly Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · A 854

Legislative bill overview

Bill A 854 modifies New Jersey custody law by creating a rebuttable presumption that limits custody awards in certain circumstances, expands the statutory factors courts must consider when determining a child's best interests, and formally adds "coercive control" to the state's legal definition of domestic violence. The bill aims to strengthen protections for children and domestic violence victims in custody proceedings.

Why is this important

Custody determinations directly affect millions of children and families. Expanding domestic violence definitions to include coercive control—such as isolation, monitoring, or economic control—reflects evolving understanding of abuse tactics that may not involve physical violence but cause serious psychological harm. These changes could significantly influence how family courts weigh evidence and make custody decisions, particularly in contested cases involving abuse allegations.

Potential points of contention

  • Rebuttable presumption scope: The bill's language on "certain circumstances" is vague in this description; critics may worry about either underreach (if too narrow) or overreach (if courts apply it too broadly to deny custody without sufficient evidence).
  • "Best interests" expansion: Adding new factors could make custody decisions less predictable, potentially lengthening litigation and increasing costs for families; unclear whether these factors prioritize one parent type over another.
  • Coercive control definition: While addressing real abuse, defining and proving coercive control is difficult; courts may struggle with subjective interpretation, and accused parents may argue the definition is too broad or vague.

Compiled from official sources — confirm details with the bill’s official record.

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