What is a Psychological Parent in New Jersey?

Brian Budic was recently asked by South Jersey Magazine, “What is a Psychological Parent in New Jersey?”

Here is Brian’s response:

A “Psychological Parent“ in New Jersey is a person who, though not a biological or adoptive parent, has developed a deep and enduring parental relationship with a child. This legal concept recognizes that someone who has assumed the role of a parent in a child’s life – providing daily care, emotional support, and a stable environment—can be granted parental rights even if they lack a biological connection.

For an individual to be considered a psychological parent, New Jersey courts generally apply a four-pronged test established by the New Jersey Supreme Court. First, the legal parent must have consented to and fostered the relationship between the child and the psychological parent. Second, the psychological parent and the child must have lived together in the same household. Third, the psychological parent must have assumed the obligations of parenthood by taking significant responsibility for the child’s care, education, and development. Finally, a parent-child bond must have been forged.

Once recognized as a psychological parent, the individual may be entitled to custody rights similar to those of a biological parent. The court’s primary concern remains the child’s best interests, ensuring that the child’s welfare and emotional well-being are preserved, even in complex family dynamics. This doctrine helps protect children from the potential emotional harm of losing a primary caregiver.