{"id":1277,"date":"2014-03-14T09:36:03","date_gmt":"2014-03-14T13:36:03","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=1277"},"modified":"2014-03-12T09:44:55","modified_gmt":"2014-03-12T13:44:55","slug":"all-parents-are-not-created-equal","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=1277","title":{"rendered":"All parents are not created equal"},"content":{"rendered":"

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.\u00a0 This appears to be the first time this\u00a0issue was brought before the court.\u00a0 \u00a0As 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<\/a>) , this case involved unmarried parents although it is likely that the decision could extend to married parents.\u00a0 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.\u00a0 With all due respect to some of my colleagues, this decision does not sit well with me.\u00a0 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.<\/p>\n","protected":false},"excerpt":{"rendered":"

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.\u00a0 This appears to be the first time this\u00a0issue … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28],"tags":[30,32,47],"class_list":["post-1277","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","tag-custody","tag-durst","tag-nj"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-kB","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1348,"url":"https:\/\/thedurstfirm.com\/?p=1348","url_meta":{"origin":1277,"position":0},"title":"Court issues ruling on nuanced emancipation case","author":"Sandy Durst","date":"April 15, 2015","format":false,"excerpt":"Unlike some states, NJ does not have a predetermined age for a child that would allow the end of child support.\u00a0 Financial obligations for a child end in NJ when it has been determined that the child is \"emancipated\".\u00a0 Emancipation is a factually specific analysis and subject to a great\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":893,"url":"https:\/\/thedurstfirm.com\/?p=893","url_meta":{"origin":1277,"position":1},"title":"NJ Appellate Court clarifies law on relocating out of state with a child","author":"Sandy Durst","date":"September 10, 2012","format":false,"excerpt":"As today's society becomes increasingly mobile, divorce parents often find that the need to move from New Jersey after their divorce has been finalized. The need to move can arise due to\u00a0a new job offer, remarriage, or the need to become a caretaker for elderly parents.\u00a0 Under NJ law, the\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1131,"url":"https:\/\/thedurstfirm.com\/?p=1131","url_meta":{"origin":1277,"position":2},"title":"NJ Supreme Court gives both parents an equal voice in deciding last name of the child","author":"Sandy Durst","date":"August 13, 2013","format":false,"excerpt":"In a recent NJ Supreme Court decision, the rights of the non-custodial parent were placed on equal footing with those of the parent of primary custody when it comes to establishing the surname of the child.\u00a0 This is an important development in the law for the non-custodial parent. \u00a0 Parents\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2515,"url":"https:\/\/thedurstfirm.com\/?p=2515","url_meta":{"origin":1277,"position":3},"title":"Be aware of upcoming changes to NJ adoption law","author":"Sandy Durst","date":"December 27, 2016","format":false,"excerpt":"At The Durst Firm we do not handle many adoptions. However, it is an aspect of family law.\u00a0 There is a significant change to the NJ adoption law that may impact your life. Privacy rights of the parents(s) placing a child for adoption and the right of the child to\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2016\/12\/baby.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":1085,"url":"https:\/\/thedurstfirm.com\/?p=1085","url_meta":{"origin":1277,"position":4},"title":"NJ Domestic Violence statute held to protect a fetus","author":"Sandy Durst","date":"May 7, 2013","format":false,"excerpt":"In an interesting decision released today, NJ Superior Court Judge Lawrence Jones expanded the scope of those who are to be protected under the NJ Domestic Violence Law.\u00a0 It stands to reason that the adult victim can seek protection from abuse whether she was pregnant or not.\u00a0 In this groundbreaking\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1325,"url":"https:\/\/thedurstfirm.com\/?p=1325","url_meta":{"origin":1277,"position":5},"title":"NJ Supreme Court to clarify the law on palimony","author":"Sandy Durst","date":"September 24, 2014","format":false,"excerpt":"Palimony - financial support when the parties are not married - is an available claim under NJ law.\u00a0 However, the right was greatly restricted by an amendment to the statute of frauds which required a written document or agreement in order to enforce or impose a palimony claim.\u00a0 The amended\u2026","rel":"","context":"In "Durst Firm News"","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1277","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1277"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1277\/revisions"}],"predecessor-version":[{"id":1278,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/1277\/revisions\/1278"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}