Are you trying to protect your rights as a father in New Jersey? A lawyer from Joseph J. Russell Divorce & Family Law Attorney can guide you through every part of the legal process. Our firm helps fathers take action, make informed choices, and build strong cases. You do not have to figure this out on your own.
Contact a father’s rights attorney in NJ today at (732) 726-6236 to arrange an initial consultation and take the first step toward protecting your role in your child’s life.
How a New Jersey Father’s Rights Lawyer Can Help
New Jersey law gives fathers the same rights as mothers. However, securing those rights can take effort, especially if the parents disagree. An experienced New Jersey child custody lawyer can take on the legal work and help you avoid mistakes that might delay your case or hurt your chances of getting custody.
Here are just a few of the ways a New Jersey paternity lawyer could help you:
- Preparing and filing paternity actions with the court
- Requesting court-ordered DNA tests if the other parent disputes paternity
- Filing motions for custody, parenting time, or child support
- Responding to court filings from the child’s other parent
- Gathering evidence that shows your involvement in the child’s life
- Reviewing your proposed parenting plan and suggesting changes
- Attending custody hearings and arguing on your behalf
- Negotiating custody terms with the child’s other parent
- Advocating for equal parenting time when appropriate
- Challenging unfair claims made by the other parent
- Asking for changes to existing custody orders
- Working to enforce custody orders if the other parent does not comply
Understanding Fathers’ Rights in New Jersey
New Jersey law gives both parents equal rights when it comes to raising their children. This applies whether the parents are married, divorced, or were never married. A father has just as much legal standing as a mother to seek custody and take part in important decisions about their child’s life.
Many people believe that courts always prioritize the mother in child custody and support decisions, but this is not true. New Jersey law clearly requires courts to treat both parents the same. Judges cannot favor one parent over the other based on gender. They must always focus on what works best for the child.
The courts consider numerous factors when deciding on child custody matters, such as each parent’s relationship with the child, ability to cooperate, and home environment. A father who actively takes part in his child’s life has a strong chance of receiving shared or even primary custody in New Jersey.
If a father wants to stay involved with his kids, the law supports his right to do so. However, just like mothers, fathers must show that they can provide safe, stable, and caring homes to receive custody. With the right approach and legal support, fathers can protect their parental rights and build strong, lasting relationships with their children.
Child Custody Rights for Fathers
Fathers in New Jersey have the same rights as mothers to seek custody of their children. State courts recognize two main forms of custody:
- Legal custody gives a parent the authority to make important decisions about their child’s health, education, religious upbringing, and daily life.
- Physical custody grants a parent the right to have their child stay with them on a regular basis.
A father can also ask the court for joint or sole custody of either type:
- Joint – Both parents share decision-making or share time with the child.
- Sole – One parent has full decision-making power or has the child live with them most or all of the time.
Courts tend to prefer awarding joint custody if possible. However, even if the court grants sole (or primary) physical custody to one parent, the other parent still usually receives “parenting time,” which is New Jersey’s term for visitation. If the father is awarded sole physical custody, he may be able to seek child support from the mother.
Courts in New Jersey focus on the child’s best interests in custody determinations, not the parents’ preferences. Judges look at several things to decide what is best for a child, including:
- The relationship between the child and each parent
- The child’s needs and education
- Each parent’s fitness to care for the child
- Each parent’s home environment
- Each parent’s work schedule
- Each parent’s ability to cooperate with the other
- Any history of domestic violence or child abuse
- How close the parents live to each other
- The extent and quality of time each parent has spent with the child
- The child’s wishes, if they are mature enough
If a father shows that he can provide a safe and caring environment, the court will take that seriously. Fathers do not start custody cases with fewer rights than mothers. In fact, New Jersey law states that children should have both parents involved in their lives whenever possible. Both parents should share equal rights and responsibilities.
Establishing Paternity in New Jersey
If a child’s parents are not married, the father must establish paternity before the court will recognize his rights in New Jersey. Paternity means legal fatherhood. Without it, a father cannot ask for custody or parenting time. He also cannot make decisions for the child or add his name to the birth certificate.
Fathers can establish paternity in two ways:
- Voluntary – If both parents agree and the mother was not married at any point during the pregnancy, they can sign a Certificate of Parentage. Hospitals offer this form at the time of birth. Parents can also complete it later at a local registrar’s office or county welfare agency. Once both parents sign and file the form, the state will recognize the man as the child’s legal father.
- Court order – If the parents do not agree, either one can ask the court for a DNA test. A court can order the alleged father, the mother, and the child to take the test. If the result shows a match, the law presumes the man is the father.
After a father establishes paternity, he gains certain rights and responsibilities. He can ask the court for custody or visitation. Depending on the custody arrangement and other factors, the court may require him to pay or be paid child support. He can also help the child access health insurance, benefits, and family medical history.
Contact Joseph J. Russell Divorce & Family Law Attorney Today
Many fathers fighting for custody in NJ come to Joseph J. Russell Divorce & Family Law Attorney feeling overwhelmed and unsure of what to do next. With over a century of combined legal experience, our team takes the time to understand each client’s goals and give clear, practical advice throughout the case. Here is what one client had to say about working with us:
“Mr. Russell and his team are excellent to work with. For me they had made my case so much easier to handle and deal with. I was given the best and most practical advice to deal with the mess I was in.” – Raman S.
If you have questions about your rights as a father in New Jersey, Call Joseph J. Russell Divorce & Family Law Attorney at (732) 726-6236 or complete our contact form today for an initial consultation. We can talk through your situation and discuss how our team can support you.