Benefits of a New Jersey Fathers’ Rights Lawyer

If you are a father involved in a divorce or separation from your children’s mother, you want the best for your children. You also want to maintain as close a relationship with them as possible.

Many divorcing fathers are concerned about what it will mean for them financially and how they will secure sufficient and meaningful time with their children. Working with an experienced family law attorney can make a huge difference. The benefits of a New Jersey fathers’ rights lawyer include having a knowledgeable guide to ensure that you understand your rights and propose effective ways to achieve your goals.

Fathers Have Equal Rights to Child Custody

Many fathers’ primary concern is having enough time with their children after a divorce. At one time, a father’s visitation was often limited to arrangements such as every other weekend, a week or two over the summer, and perhaps an occasional weekday or holiday. Modern parenting arrangements are usually very different.

N.J.S.A. § 9:2-4 explicitly states: “In any proceeding involving the custody of a minor child, the rights of both parents shall be equal.” This Statute further states that all custody arrangements must be in the best interests of the child. In making custody determinations, the Court considers the following factors:

• The parents’ ability to agree, communicate and cooperate in matters relating to the child
• The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
• The interaction and relationship of the child with their parents and siblings
• The history of domestic violence, if any
• The safety of the child and the safety of either parent from physical abuse by the other parent
• The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of the time spent with the child prior to or subsequent to the separation
• The parents’ employment responsibilities
• The age and number of the children

Negotiating a parenting agreement with a co-parent results in a parenting time schedule and delineation of rights and responsibilities that are likely to work for the family. The negotiated agreement must be submitted to the Court. The judge will review the agreement and must approve it unless it is contrary to the children’s best interests. A New Jersey family law attorney at Moskowitz Law Group can help a father negotiate an agreement or review a completed agreement to ensure that it meets legal requirements, protects his rights, and is focused on the children’s best interests.

Unmarried Fathers Must Establish Paternity First

If a couple is married, there is a legal presumption that the father is the biological father of the child. However, custody disputes often arise between unmarried parents. If an unmarried father wishes to pursue a custody arrangement, he must first establish paternity of the child. In most cases, the mother will consent to establishing paternity. That said, mothers can sometimes present difficulties in establishing paternity.

An unmarried father and mother can both sign a Certificate of Parentage at any time after the child is born. When a mother refuses to sign the certificate, the father can seek to establish his paternity through an action in family court. The judge will typically order a genetic test that can establish whether the father is the child’s biological father to a very high degree of certainty. A positive paternity test will, in turn, establish paternity of the child with a court order.

Financial Support for Children

Financial support is a child’s right. A parent cannot waive it or refuse it on the child’s behalf. Generally stated, under New Jersey law – if there is a child, there is child support. Child support is generally calculated using a mathematical formula called the Child Support Guidelines. Either the mother or the father may be required to pay support to their co-parent. Whichever parent is the custodial parent will receive child support from the non-custodial parent. If the parents have an equal (50/50) parenting time schedule, generally, the parent with the greater income will pay child support to the parent with the lesser income.

Each parent must provide a full financial disclosure to the court for purposes of calculating child support. The Child Support Guidelines consider each parent’s income and the number of children they are supporting. Other considerations may include the need to pay mandatory union dues or pension contributions, a child’s extraordinary educational or medical expenses, work-related childcare costs, and similar variables when calculating child support. The cost of the child’s health insurance premiums is also allocated between the parents in the calculation.

The number of overnights per year that a child spends in each parent’s home also figures into the child support calculation. Generally, the more overnights that the child spends with non-custodial parent, the less child support they will pay to the custodial parent. Our attorneys have extensive experience with calculating and negotiating child support orders. A father can benefit from working with an attorney who understands the Child Support Guidelines and can set reasonable expectations.

Engage a New Jersey Attorney to Protect Your Rights as a Father

Understanding and protecting your rights as a parent is the major benefit of a New Jersey father’s rights lawyer. We can ensure any settlement is fair and respects your parental rights. If your case needs to be taken to trial, we can ensure you are heard and present evidence to defend your rights and your child’s best interests. Our lawyers can help you meet your goals as a father after your divorce. Schedule an appointment with a member of the Moskowitz Law Group team today.