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One side didn't force the other
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neither had disproportionate bargaining power.
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Then it went to the New Jersey Supreme Court.
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And what did they do?
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They said this contract is not enforceable.
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They did grant custody to Mr. Stern as the father
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because they thought that would be in the best interest of the child
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but they restored the rights of Mary Beth Whitehead
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and left it to lower courts to decide exactly what the visitation rights should be.
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They invoked two different kinds of reasons,
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along the lines that Andrew proposed.
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First, there was not sufficiently informed consent, the court argued.