Fathers play a critical role in the growth and development of their children. Without a doubt, they deserve to be a part of a child’s life. New Jersey law considers both mother and father equal when it comes to providing for and caring for a child, but it may not always feel that way.
At Zeigler Law Group, LLC, our family law attorney works closely with fathers to protect their rights to their children. If you feel that you are not receiving fair treatment for any reason, reach out to our legal team to discuss your needs. Fathers’ rights in New Jersey are clear – you deserve to be a part of your child’s life as long as that is in the best interests of the child, a statute which applies to both mothers and fathers equally.
Fathers Have Equal Rights in New Jersey
A father’s rights in New Jersey are equal to those of a mother. The court does not favor mothers over fathers, though that is often a misconception and expectation. Both parents are meant to be treated fairly and equally under the law. That includes all areas of the law, such as when it comes to:
- Legal custody, or the ability of a person to make decisions for a child’s health, education, and upbringing.
- Parenting time, including equal time and quality of time spent between the mother and the father.
- Child support, including the equal responsibility to meet the child’s financial needs.
In making decisions about any of these areas, the court must consider one sole factor, and that is what the child’s best interests are. It does not favor one parent over the other, but considers the entire picture and the factors that influence the child. It is critical to consider this because, if for any reason, you do not believe a father’s rights in New Jersey are being equally maintained, you have the ability to speak up. A parent’s gender should not be the factor that decides where a child lives or what a child does.
Custody and Parenting Time for Dads
One of the factors that is often a consideration is New Jersey custody for fathers. Many people believe that children should stay with their mother, but that is not necessarily in the best interests of the child. That applies to both physical and legal custody.
Physical custody refers to the determination of where a child resides or lives. Legal custody, by comparison, is the legal right of one or both parents to make decisions for the child related to legal matters, education, religion, health, and other areas. Considering both of these factors, parenting time for fathers often focuses heavily on an arrangement that supports the child’s needs first, while also considering the needs of both the mother and the father.
Parenting schedules for fathers can be just as flexible or unique as they are for mothers. For example, fathers can have primary custody, meaning the child spends most of their time living with their father. Shared custody is often viewed as favorable because it allows both parents equal opportunities to spend time with their child. The right decision, then, is dependent on what type of arrangement best meets the needs of all parties involved.
A strong parenting plan is often the best outcome in these situations. For dads and divorce in NJ, that often means sitting down with a mediator or an attorney to discuss an arrangement that works for all involved. In situations where there is good communication between the mother and father, or a willingness to cooperate, reaching a decision in this area may not be as challenging as it could be in other situations.
In situations where communication may be somewhat strained, developing a parenting plan can take time. However, it is beneficial in most situations for a parenting plan to reflect the father’s role in the child’s life as it does the mother’s.
Financial Support and Financial Rights
Another area of concern is child support for fathers in NJ. New Jersey custody laws stipulate that both parents are equally responsible for the child’s financial needs. Child support is calculated, then, based on factors such as:
- The income of both parents.
- The earning ability of both parents.
- The earnings and contributions of each parent before the divorce.
- Parenting time spent with the child.
- Financial ability.
Fathers have the right to a fair support order. That should include a support order that has accurate income documentation for both parents and a clear outline of custody time and commitments.
Over time, circumstances change. As they do, modifications to support orders become necessary. The court will make modifications to such orders based on circumstances, such as a change in earning capacity or jobs.
Enforcing and Modifying Parenting Orders
Parenting time for fathers, along with support and legal decision making, should always follow court orders. If one parent violates the parenting plan, the other parent has the right to speak up and seek either enforcement or modification of the plan. As a father, that means you can work to maintain a strong relationship with your child. When this happens, the courts will take into consideration concerns such as parental alienation or interference.
Protecting Fathers in High-Conflict or Complex Cases
Not every case is straightforward. Having legal representation in a custody dispute when there are false allegations against you can be essential for protecting your rights. Our legal team is there to help you, as a father, to navigate custody, divorce, and parenting time. We become advocates for fathers who seek fair custody and financial outcomes.
Learn How Our Firm Supports Fathers: Contact Our Toms River Divorce Lawyers at Zeigler Law Group, LLC
Our legal team works closely with fathers to create fair parenting plans that take into consideration all of your needs and goals. We represent fathers through all levels of custody, divorce, and post-judgment modifications. Contact our Toms River divorce lawyers at Zeigler Law Group, LLC now at 732-361-4827 or complete our online form to schedule a free consultation. With offices in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.