Reviewed by Laurie L. Newmark, ESQ.
Key Takeaways
- Unmarried parents in New Jersey have the same custody and support rights as married parents.
- An unmarried father usually must first establish paternity through a Certificate of Parentage or genetic testing.
- Custody has two parts under N.J.S.A. 9:2-4: legal custody (decision-making) and physical custody (where the child lives), each joint or sole.
- Unmarried parents file in the “FD” docket, and courts decide by the child’s best interests.
New Jersey has specific laws when it comes to custody arrangements for unmarried parents. However, it is imperative to understand that unmarried parents retain the same custody and support rights as married parents, though unmarried fathers are generally required to prove paternity, typically through a Certificate of Parentage or DNA testing. Custody generally has two parts: legal custody and physical custody. Both can be held jointly or solely, and the courts ultimately make these decisions based on the best interests of the child. If you would like to learn more, continue reading and reach out to our skilled New Jersey family law attorneys today. Our legal team is dedicated to making sure that you and your family’s best interests are a priority. Give us a call today. We are here to help you.
How Do New Jersey Courts Determine Custody for Unmarried Parents?
It is important to recognize that New Jersey courts follow different procedures for custody laws for unmarried parents. In this situation, parents must enter a non-dissolution “FD” case. This allows parents to obtain the following rights:
- Authorize legal custody orders for a minor
- Enforce child support or alimony payments
- Create a parenting time court order for biological parents
- Arrange grandparent/adult sibling visitation orders
- Establish legal paternity for the child
It’s important to understand that, because there is no divorce case to resolve these issues, unmarried parents will file in the non-dissolution “FD” docket, rather than the dissolution “FM” docket utilized in divorces. The FD docket is where unmarried parents will petition the court for orders related to custody, parenting time, child support, or paternity.
Establishing Paternity First
It is critical to understand that unmarried fathers generally have no legal or enforceable custody or parenting time rights until paternity has been formally established. The New Jersey Parentage Act has provided two main ways to establish paternity:
- Voluntary acknowledgment: Both parents can sign a Certificate of Parentage at the hospital following the birth of the child, or at a later point through the county welfare agency or registrar’s office. Once it’s signed and filed, this certificate will serve as a legal finding of paternity. This may be rescinded only within 60 days.
- Genetic testing: In the event paternity is disputed, the court may order genetic testing. Under N.J.S.A. 9:17-48, a result showing a 95% or greater probability creates a rebuttable presumption of paternity, which can be overcome only by clear and convincing evidence that the result is unreliable.
What are the Different Types of Custody?
The state of New Jersey has several types of custody arrangements. It is no surprise that custody issues can be stressful for all parties involved. It is important to understand that courts make custody arrangements with the child’s best interest in mind.
It’s important to understand that in accordance with N.J.S.A. 9:2-4, New Jersey differentiates between legal custody and physical custody. Legal custody determines who can make major decisions on behalf of the child, while physical custody determines where the child resides. These may be awarded jointly, meaning both parents will share responsibilities, or solely, in which one parent will retain this right. Parents may also share one type of custody without sharing the other, which is why common arrangements often include:
- Joint legal custody: Both parents will share the right to make important decisions for the child, like their education, religion, and medical decisions. This is often the most common arrangement, and may apply regardless of which parent has primary custody of the child.
- Joint physical custody: The child spends substantial, though not always equal, time residing with each parent. This works best where the parents live near each other and can cooperate.
- Sole custody: One parent may be granted both legal and physical custody. This is uncommon, however, and generally only awarded when one parent has been shown to be unfit or otherwise unable to safely care for the child. Even so, the non-custodial parent may receive parenting time.
CONTACT OUR FIRM
At Townsend, Tomaio, Newmark & Clancy, L.L.C., our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio, Newmark & Clancy L.L.C. today.
