Following lengthy deliberations, a New Jersey Superior Court Judge recently published an opinion granting custody of a child to three parents. The trial court’s landmark opinion is likely to have a significant impact on family court cases throughout New Jersey and the United States, given the steady increase in non-traditional family structures.

According to the trial court’s opinion, the child, a girl born in 2009, was conceived via artificial insemination.  The parties understood and agreed that the child had three parents — the biological mother and two fathers who were in a same-sex relationship. Before and immediately following their daughter’s birth, the three parents created and practiced a shared physical custody and cooperative parenting plan.

In the years that followed, the child’s mother developed a romantic relationship and began plans to move to California.  She wanted to take the child with her. The two fathers filed a petition to prevent the mother’s move, stating the separation and extreme travel requirements directly violated their initial custody agreement.

Judge Wauters agreed with the fathers, ruling the move was not in the best interests of the child, which is New Jersey’s legal standard for judicial decision-making when it comes to our State’s children.  While the concept of tri-parenting might be a new paradigm in the legal system, best interests of the child remains a long-standing pillar of custody and parenting time decisions-making.

In a New Jersey divorce, the Superior Court has the power to determine all issues regarding children, their support, and their legal and physical custody, including:

• Child support
• Child’s place of residence
• Health care issues
• Educational issues
• General welfare/well-being issues

In most cases, parents are awarded joint legal custody (input into major decision-making affecting a child’s health, education, and welfare) and some form of shared parenting time. Parents may also create an agreement through mediation or collaborative law and present their agreement for ratification by the court.

Parties may decide to work out their differences in a two or three step process involving negotiations, mediation, binding arbitration, and court ratification.  In the alternative, parties may decide to put their case before a trial judge, and wait for a decision, as did the parties in the case presented here.

If you are thinking about divorce, are separated or unsure of what to do, then you need advice from an experienced family law attorney.  We will discuss the facts and the law with you and help you develop a parenting plan that is in your child’s best interests. At Hanan M. Isaacs, P.C, we will help you navigate the rough waters that may await or already surround you. For a reduced rate initial consultation, please contact our Central Jersey law offices today at 609-683-7400. We accept all major credit cards (except Amex) and offer flexible hours for your convenience.