What Are My Rights as a Mother in New Jersey?
By Moskowitz Law Group, LLC |Both parents have a special bond with their children. If you are going through a high-conflict custody dispute in New Jersey, it is essential that you understand our State’s laws regarding custody and parenting time. As a mother, you have the fundamental right to have a part in making major decisions about your child’s upbringing, but that is not all.
If you do not know what your rights are as a mother, the skilled family law attorneys at Moskowitz Law Group can give you peace of mind.
What Are a Mother’s Key Rights and Responsibilities in New Jersey?
At bottom, a mother has the same rights as a father in New Jersey because custody laws are gender neutral. The best interests of the children are key. The Court almost always favors the right to shared major decision making, known as jointlegal custody, as well as the right to frequent and continuing parenting time for both parents. These rights extend to decision making in a number of categories, including medical and educational decisions.
Other Important Considerations Regarding a Mother’s Rights
For a mother to have certain special rights in New Jersey, the Court must name her as the custodial parent by giving her primary physical custody. This entitles her to collect child support for the child from the father. This also entitles her to greater day-to-day decision making regarding the child, such as diet and scheduling doctor’s appointments. If a mother wishes to obtain sole decision making power, she must seek an order from the Court providing her with sole legal custody. Sole legal custody is very rare.
Can a Mother Lose or Have Her Rights Restricted?
Your rights as a mother would only be lost or restricted in cases where you have had a substantial adverse effect on your children, usually factoring in issues such as abuse or neglect, substance abuse, severe mental health issues, or failing to provide a safe and stable environment for your children. A history of substance abuse, domestic violence, failing to provide for the child’s basic needs, like food and shelter, certain criminal convictions, and abandonment are all serious factors a judge would take into consideration when determining if a mother should lose her rights or have them restricted.
If you find yourself in this situation, our legal team can help defend your rights and mitigate the circumstances that led to the situation.
Find Out What Your Rights Are as a Mother
As a mother in New Jersey, you have many rights. Get in touch with the family law attorneys at Moskowitz Law Group to discuss yours.
It is easy to schedule a virtual consultation with a member of our assertive legal team. No matter where you live in New Jersey, when you need a strong voice to represent you and a compassionate hand to guide you through the process, reach out to our team now.