Given the ever-evolving nature of “family”—which may include unmarried cohabitants, domestic partners, step-parents, extended family members such grandparents, aunts, uncles, etc.—custody and parenting time disputes between a legal parent and a third party are a very real possibility. Through developing case law, our courts have established legal principles balancing intrinsic parental rights while remaining resolute in protecting the best interests of children.
A Parent’s Fundamental Right
A legal parent has a right to the care and custody of his or her minor child. These rights are so basic and fundamental to the parent-child relationship that they are constitutionally protected, providing a parent with the right to raise their child without government interference. Watkins v. Nelson, 163 N.J. 235 (2000). However, such rights are not absolute. Parental rights are routinely abrogated under the long-standing principle that courts in family law matters are charged with parens patriae authority, the right of the state to protect a child’s well-being.
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