Besides protecting the child’s best interests, one of the most important aspects of a child custody case is ensuring that the rights of each parent are protected. It is commonly believed that fathers have less rights than mothers when determining custody, but fortunately for dads that is a major misconception. To learn more about your rights as a father and to obtain skilled legal representation, continue reading and reach out to a knowledgeable Union County child custody attorney today.
What Rights Do Fathers Have Regarding Custody?
If you are a father in New Jersey, you can take comfort in knowing that you have the exact same rights as your child’s other parent. Regardless of gender, parents have equal rights when beginning the process of determining custody.
These rights include the right to physical custody, the right to legal custody, the right to receive child support if they are made the custodial parent, the right to appeal court decisions, the right to access their child’s records, and more. A parent’s rights will only differ from those of another parent after the court makes a decision regarding custody.
How is Custody Decided?
Custody decisions are made by prioritizing the best interests of the child. In general, being able to maintain a relationship with both parents benefits the child, so New Jersey courts aim to create a fair and equal parenting plan. However, depending on the details of the circumstances, they may decide to give one parent sole or majority custody. Parenting time and visitation is decided based on the following factors.
- The relationship between the child and each parent
- Which parent has historically been the primary caregiver
- Either parent’s history of violence, criminal behavior, neglect, drug or alcohol abuse, etc.
- Each parent’s physical and mental health
- The child’s physical and emotional needs
- Where each parent resides and their home environment
- The child’s preference, if they are old enough and mature enough to express their opinion
While both parents begin the process with equal rights, courts have the discretion to decide what custody situation is best for the child. For example, if one parent has a history of domestic violence, especially against their children, a court may decide not to grant the parent access to the child or only allow supervised visitation. Technically, the abusive parent then has less rights than the other parent as a result of their violent actions. The child’s safety and well-being are of the utmost importance.
The only time a parent’s rights will be different from the other parent’s is if a court decides that they should not have as much contact with the child based on the above-listed factors. Besides situations like these, all parents are granted equal rights to their children regardless of gender.
If you are dealing with a contentious custody battle, it is important that you are properly represented. Reach out to a skilled attorney at Ross & Calandrillo, LLC to set up a consultation today.
