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K.A.F. v. D.L.M.

96 A.3d 975, 437 N.J. Super. 123 (2014)

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K.A.F. v. D.L.M.

New Jersey Superior Court, Appellate Division
96 A.3d 975, 437 N.J. Super. 123 (2014)

  • Written by Haley Gintis, JD

Facts

K.A.F. (plaintiff) and F.D., two romantically involved women, sought a sperm donation to have a child. In 2002 K.A.F. gave birth to a baby boy, Arthur. In 2004 K.A.F. and F.D. ended their romantic relationship but shared parenting responsibilities. K.A.F. then began dating D.M. (defendant). In 2005 F.D. legally adopted Arthur. In 2006 K.A.F. and D.M. entered a legal domestic partnership. In 2011 K.A.F. and D.M. dissolved their domestic partnership. After the relationship ended, K.A.F. allowed D.M. to have frequent overnight visits with Arthur. However, in 2012, K.A.F. stopped allowing visitation. D.M. petitioned family court for joint custody and visitation on the ground that she had shared parenting responsibilities for Arthur. K.A.F. and F.D. opposed the petition. F.D. argued that she had never consented to D.M. parenting Arthur. The family judge dismissed D.M.’s petition on the ground that F.D. had not consented to D.M. developing a psychological-parent relationship with Arthur and, therefore, D.M. could not petition for custody and visitation. The family judge noted that requiring both legal parents to consent to a third party developing a psychological-parent relationship would guard against a child having multiple legal parents. D.M. appealed.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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