When I clerked for the Superior Court in the 1980's, my judge taught me that 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 over 25 years we have had a law that allows one who has the characteristics of a psychological parent to a child to seek to be declared the same by the Court, and thereafter to be granted the same rights to the child as a biological child has.
In particular, under a 4 part test established by the NJ Supreme Court, a non-biological parent 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, his's formation and establishment of a parent-like relationship with the child;
2. That he and the child lived together in the same household;
3. That he 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 he has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship, one that is 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 Custody & Divorce
Throughout New Jersey
5 Professional Circle
Colts Neck, NJ. 07722
(732) 845-9010