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

Key Takeaways: Father’s Rights in New Jersey Family Courts

Paternity Requirement: Legal paternity must be established via marriage presumption, a Certificate of Parentage (COP), or court-ordered DNA testing before exercising custody rights.
Gender Neutrality (N.J.S.A. 9:2-4): New Jersey courts are legally prohibited from favoring mothers over fathers, basing custody strictly on the child’s best interests.
Financial Equality: Child support under Court Rule 5:6A is calculated based on income and overnights; custodial fathers are legally entitled to receive support from mothers.

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.

Establishing Paternity in New Jersey

First and foremost, it is critical to understand that a father must establish their paternity rights before they can seek parental rights or custody of the child.

In accordance with New Jersey law, if a child is born during a marriage or within 10 months of a divorce, the husband is legally presumed to be the child’s father.

For unmarried parents, paternity is established through:

The signing of a Certificate of Parentage at the time of the child’s birth
Filing a formal Paternity Action wth the Family Part of the New Jersey Superior Court in accordance with N.J.S.A 9:17-38

If paternity is not established at the time of birth, the court can order DNA testing to confirm the biological identity of the father, which then grants them legal standing to petition the court for custody, visitation, or financial arrangements.

The Right to Custody

A big part of divorce proceedings for parents is custody. In the state of New Jersey, parents are entitled to obtain 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.

Gender Neutrality Under N.J.S.A. 9:2-4

Unfortunately, many fathers are under the assumption that the courts will automatically favor mothers during custody disputes. However, New Jersey laws (N.J.S.A. 9:2-4) explicitly mandate that both parents are granted equal rights to custody, which means that the judge cannot factor gender into custody decisions. Instead, the courts must make custody decisions in accordance with the “child’s best interests” standard, which requires the courts to consider several statutory factors to determine which custody arrangement is best for the child.

Parental Communication & Cooperation: The ability of both parents to agree, communicate, and cooperate regarding the child’s care.
Caregiving History: The quality and extent of time spent with the child before and after the separation.
Home Stability: The safety of the home environment, physical proximity of the residences, and continuity of education.
Child’s Preference: The preference of the child when they are of sufficient age and capacity to express a reasoned decision.

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.

Gender-Neutral Child Support Obligations

Like the right to seek custody, child support determinations are strictly based on finances rather than gender. The New Jersey Child Support Guidelines calculate both parents’ incomes, the overnight allocations, work-related child care, and healthcare costs.

If the court awards a father primary physical custody, the mother would then be legally obligated to pay child support to the father.

Additionally, child support payments cannot be modified, altered, or terminated without court approval.

Modifying Custody or Support Orders

It is important to understand that child support, custody, and visitation orders are not irrevocable once ordered by the court. In the event that the circumstances of either parent drastically change, like relocating, job loss, or changes in the needs of the child, the parent has the right to seek a modification with the court. It is imperative to understand, however, that without a court order, any deviation from the custody schedule or child support payment plan can carry harsh consequences.