LGBTQ - Fitting a Square Peg Into a Round Hole - Chapter 4


In New Jersey, the Child Custody Statute, N.J.S.A. 9:2-4, makes it clear that the rights of both parents are equal, and sets forth various criteria which the court is to consider in determining issues of Custody and Parenting time. As discussed in the earlier chapters of this blog, the statutes in New Jersey and the case law provides couples of the opposite sex with adequate remedies. 

As we previously discussed in our blogs on January 2, 2022, January 30, 2022, and February 27, 2022, marriage between couples of the same sex was not established until 2015 with the Supreme Court of the United States deciding the matter of Obergefell v. Hodges. However, there are still issues for same sex couples regarding the formation of their families, which can impact custody.  The actions taken by a couple in forming their family, and documenting their rights, can have an impact your rights as a parent, step parent, adoptive parent, or psychological parent.

Issues of parentage are not unique to same-sex couples. However, challenges to fundamental parenting rights arise for same sex couples more frequently than couples of the opposite sex. The intent of a couple in forming their family, and how the status of a parental relationship is documented, can have an impact on a parent’s custodial rights. 

If you have questions as to your status as a parent, or are concerned about your custodial rights, the lawyers at Cohn Lifland Pearlman Hermann & Knopf LLP are here to assist you.