Experienced Fathers’ Rights Lawyer in Linden, NJ

Assisting Clients with Securing Paternal Rights in Union County and throughout New Jersey

Fathers' Rights in New JerseyWhen it comes to shared custody, it has been a long-standing assumption that a mother has more rights to custody of her child than a father. This, however, is erroneous. The Family Courts or laws in New Jersey do not favor mothers over fathers, as it relates to custody arrangements.

The New Jersey Family Court holds the best interest of a child as its central concern in child custody and divorce proceedings. According to the Court, it is in a child’s best interest to spend equal or comparable time with each parent. This means that the Court will attempt to facilitate a joint custody agreement in which a child spends ample time with each parent, as long as it is safe for the child to do so. The Court supports this by encouraging that the co-parents come to a custodial agreement out of Court, with the support of family law attorneys. If they cannot come to an agreement regarding how they will share custody of the child, one will need to file a motion with the Family Part court to have a judge intervene. In this case, the Court will consider 12 factors to determine a custodial agreement and parenting time arrangement that is in the best interest of the child.

At The Law Offices of Edward S. Cooper, Esq, we have the experience handling family law-related issues and securing the paternal rights of fathers is one of the many types of cases we have successfully handled over the years. If you want to protect your rights as a father to play a role in your children’s lives in New Jersey, our law office can help. We frequently advocate for fathers facing child custody challenges and related matters in Union County and Middlesex County towns such as Elizabeth, Roselle, Rahway, Summit, Cranford, Carteret, Cranbury, Berkeley Heights, and Jamesburg. If you have questions or concerns about your fathers’ rights in NJ, we invite you ta call (908) 481-4625 for support with your case.

What Factors Does the Court Consider When Determining Custody Rights in NJ?

New Jersey Statutes Section 9:2-4, which discusses Court determination of child custody, states that “it is in the public interest to encourage parents to share the rights and responsibilities of child-rearing.” In determining the extent to which a father and mother share legal parental rights and physical responsibilities, the New Jersey Superior Court Family Part considers the following when making a decision regarding legal and physical custody of a child:

“[1] the parents’ ability to agree, communicate and cooperate in matters relating to the child; [2] the parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; [3] the interaction and relationship of the child with its parents and siblings; [4] the history of domestic violence, if any; [5] the safety of the child and the safety of either parent from physical abuse by the other parent; [6] 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; [7] the stability of the home environment offered; the quality and continuity of the child’s education; [8] the fitness of the parents; the geographical proximity of the parents’ homes; [9] the extent and quality of the time spent with the child prior to or subsequent to the separation; [10] the parents’ employment responsibilities; [11] and the age and number of the children.”

How Long Does a Father Have to be Absent to Lose His Parental Rights in New Jersey?

If a father has had a strong relationship with a child, is not considered detrimental to the child’s well-being due to drug abuse or a criminal record, and lives close to the child’s place of primary residence, they will likely be granted parental visitation at the very least.

N.J.S.A. 9:2-4 states that, in service of the child spending a fair amount of time with both parents, a parent will not be withheld the right to spend a substantial time with the child unless it is deemed by the court that the parent has an adverse effect on the child’s well-being.

According to the State of New Jersey Department of Children and Families, if a father’s rights to visitation with a child have been terminated (due to Grounds for Termination of Parental Rights being met), a parent has a year to change or remove the conditions that led to the child’s placement, in order to have the chance to renew some parenting privileges such as visitation.

How Can a Father Win Custody in Rahway, New Jersey?

As noted above, the mother does not have more of a likelihood of being awarded custody, either legal or physical, than the father. This means that, if the separating couple or co-parents cannot come to an agreement on their own regarding a custody arrangement and parenting time agreement, the court will review the above factors to determine an arrangement that is in the best interests of the child. As such, a father can win custody in New Jersey by showing that they have been a positive and consistent presence in the life of the child, they have a clean record, steady employment, and other factors beneficial to their case. An experienced family law attorney will support a father in developing the very best case possible for joint or sole custody of the child.

How Can an Attorney Support You in the Process of Securing Your Fathers’ Rights in Union NJ?

Family Law and Parental Rights Attorney in Linden, NJA skilled family law attorney can support in two stages of the custodial agreement process. First, they can help parents come to a custody arrangement that serves the best interests of the child while meeting the needs of each parent to spend ample time with their child and continue their separate lives. In the case that co-parents cannot agree on a custody arrangement and parenting time agreement, a family law attorney is essential for supporting the father by helping them develop a case for the Superior Court custody proceedings. A family law attorney, who has a depth of experience and knowledge regarding the factors a judge will take into consideration when determining custody, will help a father prove that it is in the best interests of the child to be in their legal and physical custody, at least partially.

Contact NJ Fathers’ Rights Attorney Edward Cooper to discuss your Paternal Rights

If you are a father working through a custody arrangement or facing trouble when trying to secure your rights to see and participate in the lives of your children, it behooves you to have the expertise of an experienced family law attorney on your side. All around Elizabeth, Plainfield, Linden, Westfield, Scotch Plains, Mountainside, and neighboring towns in Union County, fathers turn to us to represent them in their custody and legal rights dispute, with good reason.

Skilled Fathers’ Rights Lawyer Edward S. Cooper, Esq. understands how important your kids are to you, and he can help you ensure that you continue to be a central factor in their lives.

Contact us at (908) 481-4625 or fill out our online form to book a free consultation to discuss your paternal rights at our local Linden, NJ office.