# N.J. Stat. § 9:2-3: Custody of children of parents living separately; powers of court

> New Jersey · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-3

## Section

- **Citation:** N.J. Stat. § 9:2-3
- **Heading:** Custody of children of parents living separately; powers of court
- **Jurisdiction:** New Jersey
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NJ Code / Title 9 / Chapter 2 / Section 2-3

## Text

9:2-3. When the parents of a minor child live separately, or are about to do so, the Superior Court, in an action brought by either parent, shall have the same power to make judgments or orders concerning care, custody, education and maintenance as concerning a minor child whose parents are divorced. Until the court determines the final custody of the minor child and unless the parties agree otherwise, the court shall determine temporary custody based upon the best interests of the child with due regard to the caretaking arrangement that previously existed. No child shall be taken forcibly or against the will of the parent having custody by the other parent without a court order. If the child has not, at the time of the commencement of the action, reached the age of 16 years, and if it is represented to the court by affidavit or under oath that evidence will be adduced involving the moral turpitude of either parent, or of the minor child, or that evidence will be adduced which may reflect upon the good reputation or social standing of the child, then the court shall admit to the hearing of such case only such persons as are directly interested in the matter then being heard. The records of such proceedings, including all papers filed with the court, shall be withheld from indiscriminate public inspection, but shall be open to inspection by the parents, or their attorneys, and to no other person except by order of the court made for that purpose. Amended 1948,c.321,ss.3,11; 1953,c.9,s.3; 1990,c.26,s.1.

## Nearby sections

- [N.J. Stat. § 9:2-1 Custody of children of parents divorced in another state or country; action in Superior Court; notice to persons interested; judgment; exclusion from hearing; records not open to public inspection](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-1.md)
- [N.J. Stat. § 9:2-2 Custody of children of divorced or separated parents within jurisdiction of Superior Court; removal from jurisdiction; consent; security](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-2.md)
- [N.J. Stat. § 9:2-3 Custody of children of parents living separately; powers of court](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-3.md)
- [N.J. Stat. § 9:2-4 Custody of child; rights of both parents considered.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.md)
- [N.J. Stat. § 9:2-4.1 Person convicted of sexual assault, custody of, visitation to minor child; denied, exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.1.md)
- [N.J. Stat. § 9:2-4.2 Parental access to children's records.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4.2.md)
- [N.J. Stat. § 9:2-4a Best interest of child primary consideration.](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-4a.md)
- [N.J. Stat. § 9:2-5 Death of parent having custody; reversion of custody to surviving parent; appointment of guardian by superior court; removal](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-5.md)
- [N.J. Stat. § 9:2-7 Habeas corpus to determine custody of child; access to child](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.md)
- [N.J. Stat. § 9:2-7.1 Visitation rights for grandparents, siblings](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.1.md)
- [N.J. Stat. § 9:2-7.2 Concealment of child; preliminary hearing as to custody](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-7.2.md)
- [N.J. Stat. § 9:2-9 Unfit parents and custodians, court action to grant relief](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-9.md)
- [N.J. Stat. § 9:2-10 Order for proper care of child](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-10.md)
- [N.J. Stat. § 9:2-11 Commitment of child to child caring society; cost of proceedings; consent to adoption of child; support by relative](https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-11.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NJ_T9_C2_S2-3. Check the current official text before relying on it. Not legal advice.