A New Jersey appeals court has recognized the right of a same-sex partner to maintain a parental relationship with a child. The ruling on Aug. 6 stated that under the doctrine that a child can have a ‘”psychological parent” relationship with a non-biological heterosexual parent, same-sex partners have the same rights as heterosexual parents. The court said that the doctrine is intended to prevent children from suffering harm due to the severance of a parent-child bond that may be formed with a non-biological parent.

The case arose from a same-sex partnership that was formed prior to New Jersey’s legalization of gay marriage. The lesbian couple parented a child together since the child was 18 months old. The couple had shared the parenting responsibilities for several years before terminating their relationship. Following the separation, the biological mother had tried to prevent her former partner from having access to the child. The former partner then sued for visitation and custody rights. A trial court ruled against her motion, leading her to appeal the decision.

A child custody dispute can entail a number of complex legal issues, and cases similar to this one present attorneys with an ever-complex range of concerns. The doctrine of psychological parent provides a broad basis for individuals involved in long-term parenting of a child to assert their rights.

Rulings like this one provide lawyers with a stronger set of arguments in cases involving non-biological parental figures.

If you or someone you know has a case or concern about “traditional” or “untraditional” parenting, custody, or parenting time issues, please contact our office to discuss the issues, or have them do so.  We are knowledgeable and experienced in family law and will be happy to help you.

Source: LGBTQ Nation, “N.J. court recognizes non-biological parents’ rights in same-sex custody case“, August 12, 2014

Source: LGBTQ Nation, “N.J. court recognizes non-biological parents’ rights in same-sex custody case“, August 12, 2014