All parents are not created equal

In a recently decided case that is sure to ignite controversy, a NJ court held that a mother can exclude the father of a child from the delivery room for the birth.  This appears to be the first time this issue was brought before the court.   As reported in the NJ Law Journal (http://www.njlawjournal.com/id=1202646374429/Mother+Can+Exclude+Father+From++Delivery+Room+NJ+Judge+Holds%3Fmcode=0&curindex=0&curpage=2) , this case involved unmarried parents although it is likely that the decision could extend to married parents.  Using a mix of law from privacy rights, to Roe v. Wade, to personal autonomy, and the desire to remove unnecessary to the delivery process, this court sided with the mother.  With all due respect to some of my colleagues, this decision does not sit well with me.  While I agree that the requests for parenting time and to have the child use the father’s surname are premature, the ability to exclude an individual who wants to be a part of his child’s life from the very beginning is troublesome.

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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