I am looking for some insight into the "psychological parent". While I know the 4 prong test, I was wondering if anyone has insight into any key elements or things I should focus on. There is so much info in this case, I don't want dilute the important factors. Therefore, I am reaching out for advice on what I should put in the initial request as the amount of information/photos/exhibits are too voluminous and I am having a hard time keeping this from becoming unorganized or un-succinct. If anyone has an example brief I could use as a template, that would be incredibly useful.
-Do I need to get an expert before filing? I was hoping the court would order a mutual expert to be split by parties to save money for my client.
-How much details/examples/exhibits should I supply for the initial motion/request? I expect a plenary hearing would be the judges decision.
Briefly: The child (9 yrs. old) was abandoned by both biological parents. The child's grandmother was given sole custody approx. 4-5 years ago. My client at the time was living in Arizona, but was visiting NJ every other week for the full week, due to his ailing family member. He had a friendship with the grandmother, who has custody and after hearing of the child's abandonment, started to develop a relationship with the child. About 4 years ago, he moved to NJ and lived with the child and his guardian. There was a slight sexual relationship with the guardian, which ceased 3 years ago. For the nest He continued to live with the family for the child. He attended child's therapy, teachers conferences, even coached the child soccer team. He drove the child to and from school every day, participated and was the primary for most morning and bedtime routines. Child gives him father day cards and he has attended father's day events at school. Child is in study team and there are reports labeling my client as caregiver. My client has moved out of the home, (late Nov) due to the deterioration of his relationship with guardian. But still even attended thanksgiving with the family. TRO was filed( after my client mentioned his intention to be determined psychological aren't) and civil restraints agreed, which was 100% false with video proof of such, Parties settled on a visitation plan (offered by guardian) of 2-3 time a week. Originally, when the adults decided to not live in the same household, guardian had offered in writing full 50/50 visitation, but did not want anything to be through the courts.
My client would like to be established as psychological parent. He believes that to leave things as just visitation, leave the guardian to her own whims. This has become apparent in this last month.
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Cara A. McCafferty, Attorney at Law
975 Route 73 North, Suite A
Marlton, New Jersey 08053
Tel: (856) 596-9000
Fax: (856) 596-5511
[email protected]------------------------------