No. New Jersey does not apply a presumption of custody based upon the sexual orientation of the parties. In fact, New Jersey takes a leveled and data driven approach in applying the many statutory factors to be considered in determining what is in a child’s best interest. NJSA 9:2-4 Some of those factors include each party’s employment responsibility, the historic parenting involvement and roles of each party, each party’s ability to provide for the child on a going forward basis, the preference of the child when of appropriate age, and many more.