Father’s Rights to Custody

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Our attorneys believe in standing up for both mothers and fathers who are embattled in a litigated custody battle. We have vast experience helping parents understand New Jersey laws governing custody and how to effectively advocate for our clients.

New Jersey Custody Laws are gender neutral and the rights of both parents are considered equal. The New Jersey Legislature believes that frequent and continuing contact with both parents of the children after a separation or a divorce best serves the public interest which is for the benefit of the children and not based on the notion of parents’ rights. (See Beck v. Beck, 86 N.J. 480 (1981). N.J.S.A. 9:2-4 directs that the trial court consider the following factors in making a custody determination:

  • 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 substantiated abuse;
  • The interaction and relationship of the child with its 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 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; and
  • The age and number of children.

Topics:  Child Custody, Divorce, Father's Rights

Published In: Family Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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