Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Custody and the Psychological Parent

By John S. Eory on February 4, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

As far as families are concerned, there is a long-standing legal principle which generally permits parents to raise their children as they see fit without governmental interference. While that typically remains true, our courts are also granted inherent “parens patrie” authority, by which they are charged to protect the welfare and best interests of minor children within their jurisdiction.

In Family Law, these principles do not always comfortably coexist, and will sometimes collide. For purposes of this discussion, I will focus on the interplay between both principles, in terms of a person other than a natural parent who is seeking custody. Such a person is often referred to as a “psychological parent.”

When natural parents compete for custody, our courts are instructed to apply a “best interests of the child” standard. In such cases, the parents initially stand in equipoise; however, when a person other than a natural parent seeks custody the court must initially determine whether “extraordinary circumstances” exist, in which case the court will then apply the “best interests” standard.

The burden of proving extraordinary circumstances is upon the alleged “psychological parent.” Factors used by the court in such regard include whether the natural parent has consented by his or her conduct to the other person’s “parental” status (to include implied consent by lack of involvement in the child’s life), whether the person seeking custody has actually undertaken the day-to-day responsibilities associated with being a parent, and whether a sufficient psychological bond exists between the child and that person. This last issue in particular almost always involves expert evaluations and testimony.

Such disputes are always fact-sensitive and legally challenging. In cases of this sort, is essential that all parties be represented by experienced family law attorneys who are familiar with the issues discussed above.

Photo of John S. Eory John S. Eory

John S. Eory is a Senior Shareholder and Co-Chair of Stark & Stark’s Family Law & Divorce Group.  He is a Fellow of the American Academy of Matrimonial Lawyers (AAML) and an AAML-certified divorce arbitrator.

Read more about John S. EoryEmail
  • Posted in:
    Family
  • Blog:
    New Jersey Law Blog
  • Organization:
    Stark & Stark
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo