When I clerked for the Superior Court in the 1980's, my judge taught me the obvious: short of an adoption or other relatively infrequent occurrence, there were usually only 2 people on the planet who have primary legal rights to and responsibilities for a child, namely the biological mother and the biological father.
However, in New Jersey, for the past 19 years we have had law that allows one who views himself as a psychological parent of a child to seek to be declared the same by the Court.
Under a 4 part test established by the NJ Supreme Court, a non-relative can be imbued with the same rights of a biological parent, even over the objection of one or both biological parents, if he can prove to the satisfaction of the trial judge:
1. That the biological or adoptive parent consented to, and fostered, the petitioner's formation and establishment of a parent-like relationship with the child;
2. That the petitioner and the child lived together in the same household;
3. That the petitioner assumed the obligations of parenthood by taking significant responsibility for the child's care, education and development, including contributing towards the child's support, without expectation of financial compensation; and...
4. That the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.
THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
If you are considering separating or filing for divorce, the most important thing for you to do before doing anything else is to learn how to protect yourself, your children, and your assets.
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Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
Throughout New Jersey
5 Professional Circle
Colts Neck, NJ. 07722