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What are a Father’s Rights in a New Jersey Divorce Case?

Going through a divorce is a difficult time in anyone’s life, especially when they are a parent. This requires them to determine the future arrangements for their life with their children. The process of doing so includes child custody, child support, and visitation. These arrangements can sometimes be determined between the two parents on their own. However, this is not always the case and some parents have to go to court to sort out their differences. In these situations, it is important for a father to know what their rights are in order to fight for them. 

The Right to Custody

A big part of divorce proceedings for parents is custody. In the state of New Jersey, parents are entitled to obtaining physical custody, legal custody, or both. If a father is awarded physical custody of their child, it means they are the parent with whom the child lives and spends the majority of their time. If they are given legal custody of their child, it means they have an influence over the important decisions made regarding the child’s upbringing. If the father only has legal custody, they may not see the child as much but have visitation rights.

The Right to Visitation

When custody is determined, it also brings the matter of parenting into question. This establishes the amount of time each parent gets to spend with their child. Typically, courts want both parents to be involved in a child’s life as long as it is in their best interest. In the state of New Jersey, there are a number of ways to create a parenting plan that allows a child to see both of their parents. It is important to know that, even if a mother has primary custody of a child, the father still has visitation rights. However, this right can be revoked if the father has committed violent crimes or sexual assault. 

The Right to Support

The state of New Jersey requires both parents to financially support their children. This means that, in the event of a divorce, the parent who does not have physical custody of the child must continue this assistance through child support. Child support is payments that are made from the non-custodial parent to a custodial parent in order to balance out the cost of living for their child. The amount that is owed in support is determined by the New Jersey Child Support Guidelines in order to establish a fair amount based upon the family’s financial situation.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.