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Tuesday, August 12, 2014

K.A.F. VS. D.L.M. D.L.M. VS. K.A.F. AND F.D. A-0878-12T2

K.A.F. VS. D.L.M.
          D.L.M. VS. K.A.F. AND F.D.
We hold that the consent of both fit and active legal parents to the creation of a psychological relationship between their child and a third party is not necessary for standing on the part of the third party to bring an action asserting psychological parenthood. It is sufficient if only one of the legal custodial parents has consented, and such consent need not be explicit, but may be gleaned from the circumstances. The status of the non-consenting parent, rather, is one factor among many a court should consider in determining whether the third party has established that he or she is a psychological parent, and,
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if so, whether the best interests of the child warrant some form of custody or visitation.