In a Decision – W.M. v. D.G., (A “Reported Decision") >> the Court Held:
The Appellate Division affirmed the Trial Court decision (to some extent because the child was now about to turn 18).
The child had not been succeeding residing with his mother. Plaintiff testified that Alex had a chronic absentee record in the seventh grade and feared that Alex would be removed by the division due to the danger posed by his brother, who allegedly suffered from schizophrenia and bipolar disorder. Alex also testified, indicating his desire to remain in plaintiff's care as he believed living with defendant was "unhealthy" and "unfit" and that he did not have a good relationship with defendant or his siblings.
The trial court concluded that defendant had retained custody as Alex's parent.
The Appellate Division declined to remand the matter as Alex was about to turn 18, it held that trial courts should not dispose of colorable claims of psychological parentage in a summary fashion, even if a case were on the FD docket.