Hemant Bhimnathwala v. New Jersey State Judiciary, et al.

Does the Fourteenth Amendment require a pre­ sumption of equal, joint custody of children in child custody proceedings? Is this presumption a logical induction from Obergefell v. Hodges, 576 U.S. 644 (2015), which held that fundamental right to marry may not be denied the under the Due Process and Equal Protection clauses of the Fourteenth Amendment to same-sex couples?

(a) Do disparate-impact claims apply to State Judiciaries, and specifically Family Courts, that receive federal assistance for collecting child support payments as enacted in S.1002 - Child Support Recovery Act of 1992 and implemented in 45 CFR§ 305.31?

(b) If such disparate-impact claims are cogniza­ ble, what are the standards and burdens of proof that should apply?

What would the Statute of Limitations if either answer to either 1 or 2 above is affirmative? Would the arguments in National Railroad Pas­ senger Corporation v. Morgan, 536 U.S. 101

apply?