Common Fathers’ Rights Issues in Hackensack
While any number of issues can complicate child custody, visitation, and support proceedings, fathers often feel as though the deck is stacked against them. In addition to the usual challenges of a custody dispute, there is also a common perception that there is a bias against fathers when it comes to custody, support, and parenting time issues inherent in the judicial system.
Dealing with the most common fathers’ rights issues in Hackensack starts with relying on strong legal counsel. A dedicated family law attorney can help you evaluate your options and make a plan for the future.
Establishing Paternity
The first—and one of the most important—issue regarding fathers’ rights in Hackensack is paternity. Before a person can obtain the rights and obligations that come with being a father, the law must formally recognize them as the biological parent.
Whether or not this process is difficult varies from one situation to another. For men married to the birth mother, there is a strong presumption that they are the biological father. Things are far more uncertain for unwed individuals.
Either party may petition the Court for a DNA test, but this process can be costly and time-consuming. An attorney can address any challenges and confirm all formal requirements are met to ensure this test takes place as soon as possible.
If there is a genetic link to the child, an attorney may move quickly to enforce any parental rights available, including custody and parenting time issues. They can also deal with the impending obligations that can come with child support payments.
Dealing With Potential Bias
There is a long-held belief that family Courts in New Jersey strongly prefer mothers to have custody rights over fathers. While many dispute that there is presently such a preference, there is always the potential for real or perceived bias to work its way into custody hearings. Clearly, the laws governing parental rights are meant to be gender neutral, but each person involved in the process (including judges) brings their experiences and biases into determinations.
One of the benefits of working with legal counsel who is experienced with custody matters is that they can provide insight into what to expect. They are able to put a Court’s decision into context and explain if the result is consistent with what happens in most cases or not.
In the end, New Jersey law requires judges to take a gender-blind approach, meaning they cannot prefer mothers over fathers purely based on their gender An advocate can ensure that the judge focuses on issues like who is most fit to provide for the child, and that the judge only analyzes those factors that concern the best interests of the child.
Balancing Financial Obligations
One of the common issues fathers deal with in Hackensack is financial in nature. Many fathers struggle to balance their own budget with the obligations that come from a child support order. An unfair outcome in Court can leave a father unable to make their support payments while also taking care of their other expenses.
The good news is that there are grounds for adjusting child support obligations, particularly when a father’s financial circumstances have changed dramatically from the time that prior child support was issued. With the help of an attorney, it is possible to petition the Court to evaluate the appropriate amount of monthly support based on things like a job loss or long-term disability.
Call to Learn More About Common Fathers’ Rights Issues in Hackensack
These are only some of the common fathers’ rights issues in Hackensack. While there are options to resolve these challenges, it can be difficult to do so on your own. You could benefit from the support of legal counsel who understands the complexities of family law. Reach out right away to discuss your case in a confidential consultation.