Montclair Firm Says Court Ruling Is ‘Huge Win For LGBTQ People’ – Patch.com

MONTCLAIR, NJ — A Montclair-based law firm says a recent child custody ruling by a state appellate court is a “huge win” for LGBTQ+ people and their chosen families.

Earlier this month, Argentino Fiore Law & Advocacy released a statement about a decision from the Superior Court of New Jersey Appellate Division, which ruled that “third-party psychological parents” stand in parity with their biological counterparts.

The appellate ruling, which reverses a trial court decision, revolves around a custody dispute.

According to the law firm, which spoke on behalf of their client:

“In this case, a caring and generous elementary school teacher took in an honor student who was struggling with his home environment. The child was embraced by extended family and came to know them as his family and, over the course of 3+ years, commencing around 8th grade, the teacher became ‘Mom.’ When the biological mother suddenly decided she wanted her son ‘back’ (for questionable reasons), Mom filed in court to have the long-term custodial relationship documented.”

The law firm continued:

“The trial court ruled in favor of the biological mother. However, the Superior Court of New Jersey Appellate Division reversed this decision because the child’s right to have his own attorney was wrongly denied and the case was dismissed in a summary fashion instead of allocating the time needed for in depth consideration. This decision provides some much-needed clarity to future litigants navigating the complexities of the child custody system and enforces the requirement that all families be treated equally under the law and that children have a voice.”

Partners Jodi Argentino and Celeste Fiore, who have been praised for their advocacy on LGBTQ issues, each commented on the appellate court’s decision.

“Our families are made up of people who aren’t genetically connected, were not legally connected through adoption, and who we support just because we love each other,” Fiore said. “This decision shows that when properly applied, our existing laws protect our families of choice.”

“This is a universally applicable decision for LGBTQ people, families of choice, and, really, all family structures, and shows we must have open minds when looking at what custody arrangements are in the best interests of a child,” Fiore stated.

“The legal application of psychological parentage is severely misunderstood,” Argentino agreed.

“Psychological parentage is not about terminating any rights but rather, in essence, adding rights in recognition of a child’s established parental relationship with a third-party who is not a legal parent,” Argentino said. “The appellate court has clearly laid this concept out in this opinion and has clarified that a determination of psychological parentage aims to protect the child by allowing for a best interests analysis as to the child’s custodial circumstances.”

Several community groups in the Essex County area supported the law firm and its client, offering statements as amici curiae. They included Partners for Women and Justice, the Rachel Coalition (a division of Jewish Family Service of MetroWest), the Rutgers Domestic Violence Clinic, the Seton Hall University Law Center for Social Justice, and Volunteer Lawyers for Justice.

“Every family is unique, and every custody decision needs an individualized approach so that the needs and interests of the children involved can be met,” said Diane Squadron, CEO of Jewish Family Service of MetroWest.

“Most litigants on the non- dissolution family docket cannot afford counsel and do not understand the applicable law or procedural rules,” said Trish Perlmutter, policy counsel at Partners for Women and Justice, adding that they may often lack the resources to appeal when errors are made regarding child custody and parenting time.

“[This decision] advances access to justice by making clear that the responsibility for assessing the complexity of the case and making sure that appropriate care and time is allotted to reduce the risk of error lies with the court, not the pro se litigants,” Perlmutter said.

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