Appellate Division of New Jersey Reverses Decision Involving Psychological Parent and Substance Abuse
Docket No. A-3655-23
Decided July 21, 2025
Submitted by New Jersey Family Lawyer, Jeffrey Hark.
In a recent unpublished decision, the Appellate Division of New Jersey reversed a Family Court Order granting expanded parenting time for a parent with substance abuse issues.
A.N.S. has a history of substance addiction, leading C.S. to take responsibility for Lucy since her birth. In 2021, a consent order granted C.S. custody and designated her as Lucy’s psychological parent, with supervised visitation rights for A.N.S. In 2023, A.N.S. sought increased parenting time, claiming sobriety, but evidence showed positive drug tests and ongoing substance use. Despite C.S.’s opposition, the court expanded A.N.S.’s parenting time without a plenary hearing, which C.S. contends was necessary due to disputed facts about A.N.S.’s condition.
The appellate court reversed the Family Part’s order, emphasizing the need for a plenary hearing to address disputed issues regarding A.N.S.’s mental health and substance use. The court highlighted that any changes to custody and parenting time must be carefully considered under the correct legal standards, given C.S.’s status as Lucy’s psychological parent. The court noted that the 2021 consent order remains in effect, and any future applications to modify custody will require a plenary hearing.
To make a claim to be a psychological parent, “the legal parent must consent to and foster the relationship between the third party and the child; the third party must have lived with the child; the third party must perform parental functions for the child to a significant degree; and most important, a parent-child bond must be forged.” V.C., 163 N.J. at 223. “What is crucial here is not the amount of time but the nature of the relationship.” Id. at 226. “Once a third party has been determined to be a psychological parent to a child . . . he or she stands in parity with the legal parent.” Id. at 227.
A plenary hearing (trial) was ordered in this instance because there was a substantial dispute of material fact as to A.N.S.’s circumstances surrounding sobriety. When there is such a factual dispute paramount to the Judge’s decision, they must order a plenary hearing, which did not occur here.
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