New Jersey is unique in that it recognizes the concept of “psychological parents.” This allows a person who is not the biological parent of a child to make a claim for custodial rights. There are very specific requirements for a person to qualify as a psychological parent, but once the Court finds that the requirements are met, that third party is treated exactly as a biological parent and the “best interest” standard for granting custody applies.
In order to establish the role of psychological parent these requirements must all be met:
The above requires a strong presentation of evidence to ensure that all four factors are met. Often, this includes obtaining an expert to assist with this analysis particularly when it comes to establishing bond.
If you want to explore a claim for standing as a psychological parent, our firm is experienced and can assist. Specifically, partner Sarah Martine Belfi has extensive experience arguing psychological parent matters in the NJ Superior Court and the Appellate Division. Contact us today for your consultation with Ms. Martine Belfi.