STATEMENT TO

[Third Reprint]

SENATE, No. 4510

with Assembly Floor Amendments

(Proposed by Assemblywoman CARTER)

ADOPTED: DECEMBER 22, 2025

      These floor amendments:

- Add history of child abuse and safety of the child’s siblings as additional factors the court is required to consider when awarding custody;

- Clarify that a parent cannot be deemed unfit unless that parent’s conduct has a substantial adverse effect on the child;

- Restore the requirement that if the court orders a custody arrangement contrary to the expressed preferences of the child, the court must state its reasons on the record;

- Clarify that both parents must consent to a treatment program intended to reunite a child with a party from whom that child is estranged and to whom the child resists or refuses contact;

- Clarify that when the court considers whether to order therapy, the court’s review of the history of therapy and prior interventions must be in compliance with HIPAA;

- Clarify that when the court considers whether to order therapy, the court must consider any history of domestic violence or child abuse;

- Clarify that a court-appointed therapist must be a State licensed mental health professional;

- Clarify that if there is evidence of a history of domestic violence or child abuse, a court-appointed therapist must have training and experience working with abuse victims;

- Clarify that court-ordered therapy may not cut off a child from a safe parent who is not physically or sexually abusive and with whom the child is bonded or to whom the child is attached; and

- Clarify that when there is evidence of a history of domestic violence or child abuse, the offending party may not be granted increased custody for the purpose of improving the relationship between the child and that party.