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Bill

S 1651

Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.

2026-2027 Regular Session Introduced by Andrew Zwicker

New Jersey bill authorizes courts to order counseling for children in domestic violence households and presumes custody should go to domestic violence victims in appropriate cases.

Introduced in the Senate, Referred to Senate Judiciary Committee
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Bill Summary · S 1651

Legislative bill overview

S 1651 creates two mechanisms to protect children in domestic violence situations: it allows courts to order counseling for children living in households experiencing domestic violence, and it establishes a legal presumption that custody should be awarded to the parent who is the victim of domestic violence (when circumstances warrant). The bill aims to address both the psychological trauma children experience and the safety concerns in custody determinations involving domestic violence.

Why is this important

Children exposed to domestic violence face documented risks including trauma, behavioral problems, and normalized violence patterns. Currently, custody decisions may not adequately prioritize domestic violence history, potentially placing children with abusive parents or in unsafe environments. This bill attempts to systematically address both issues by ensuring therapeutic support and creating legal safeguards in custody proceedings.

Potential points of contention

  • Presumption concerns: A presumption favoring domestic violence victims in custody cases, while well-intentioned, may complicate cases where allegations are disputed, unproven, or involve mutual domestic violence claims, potentially limiting judicial discretion in nuanced situations
  • Counseling scope and costs: The bill doesn't specify who pays for mandated counseling, what qualifications counselors need, or detailed parameters for when courts should order it, leaving implementation details unclear
  • Due process considerations: Opponents may argue that presumptions in custody matters could disadvantage accused parties before full evidence presentation, raising fairness questions about the burden of proof and rebuttal standards

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

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