Don't get an expert right away, unless you need to be educated on the bonding process.
Under V.C., if the litigant satisfies the first 3 prongs - lived with the child, provided support (does not need to be purely economic) and acted as a parent to the child with the agreement of the legal parents (this is the harder one to prove), then the court will move on to a bonding evaluation. These matters usually proceed in an unusual fashion in Family Part - a complaint, followed usually by a motion to dismiss by the parent(s) which is then subject to some discovery and usually a plenary hearing on the allegations that the first 3 prongs are met. If the claimant survives this process, then the Court will order a bonding evaluation or allow for dueling experts. The reasoning behind this is not to involve the child until necessary, especially if the claimant is unable to meet his/her initial burden. I have never seen this handled any differently, although sometimes judges refuse to believe there is standing of certain individuals to even get to the plenary stage - that is a purely factual, case by case issue, as the case law since V.C. has expanded the "pool" of possible psychological parents to extended family members, grandparents, neighbors, etc.
Also, it is VITAL if you are representing the alleged psychological parent that you move quickly and seek a pendente lite visitation order - the process can be so long to reach the bonding evaluation stage that with a younger child - being cut off may negatively impact the bonding evaluation or cause an older child to be angry with the now absent psychological parent that they react badly to the evaluation.
Deb
-------------------------------------------
Debra Guston Esq.
Glen Rock NJ
(201)447-6660
-------------------------------------------
Original Message:
Sent: 05-21-2013 20:49
From: Taryn Zimmerman
Subject: Stepparent's right to parenting time
I had this exact issue and made the same arguments suggested by Ms. Guston. The judge denied my request - only to have him say (in passing, in chambers) many, many months later that my client may have had an argument! I did not have an expert opinion - perhaps you may want to obtain one before you make your application?
-------------------------------------------
Taryn Zimmerman Esq.
Morristown NJ
(973)993-9960
-------------------------------------------
Original Message:
Sent: 05-21-2013 20:36
From: Debra Guston
Subject: Stepparent's right to parenting time
Sarah, the step-father may be a "psychological parent," entitling him to parenting time. See V.C. vs. M.J.B. 163 NJ 200. he must meet all three initial "prongs" and then show that the child has bonded to him and it would not be in the child's best interest to lose the relationship. You should also look at Moriarity, our grandparent visitation case for the higher standard held there requiring a showing of harm to the child if contact is withdrawn.
-------------------------------------------
Debra Guston Esq.
Glen Rock NJ
(201)447-6660
-------------------------------------------
Original Message:
Sent: 05-21-2013 18:53
From: Sarah Waymire
Subject: Stepparent's right to parenting time
A step-father is seeking parenting time with soon to be ex-Wife's child (stepchild). The biological father has been actively involved in the care and support of the child since birth. The biological father has had ongoing parenting time and continues to pay child support. Both biological father and mother are opposed to parenting time with the step-father. Does he have a right to parenting time?
Does anyone know of any cases in New Jersey that deal with this issue?
Thanks.
-------------------------------------------
Sarah Waymire Esq.
Springfield NJ
(973)376-1114
-------------------------------------------