Father's Rights in a Divorce and Custody Case
When it comes to divorce and child custody cases, many men feel like they get shafted. Many do not even try to fight for custody because they already assume the mother will prevail.
These negative thoughts set up men for failure when it comes time for divorce. While women were likely to get primary custody of children in the past, times have changed. Most states, including New Jersey, have no preference when it comes to parents. Child custody and visitation laws are gender neutral. The courts look at the best interests of the children, and in most cases, having both parents in their lives is best for children.
The rights of both parents are considered in child custody cases. Also, both parents are encouraged to share the rights and responsibilities of caring for their children, so men should not feel like they will not see their children again after a divorce. The courts will expect them to remain a huge part of their children’s lives.
Fathers who have established legal paternity are considered to be equal to mothers in all aspects of New Jersey family law. If you were married at the time your child was born, New Jersey law automatically considers you to be the father. However, if you were not married to the child’s mother, you must establish paternity some other way before you can gain custody of the child after a divorce.
Know that New Jersey law has not given mothers a preference in custody disputes in a long time. Mothers are not automatically given preferential treatment. However, the fact remains that they receive primary physical custody of children more often than fathers. This is mainly because mothers are more likely to act as primary parents. This has changed in recent years, though, with many more fathers now acting as the primary caretaker. If one parent has acted as the primary parent, the court is more likely to award primary custody to that parent. Their gender does not make a difference.
However, keep in mind that mothers may be more likely to get primary custody of their children for one simple reason: they ask for it. Many fathers are unaware that they have equal rights when it comes to child custody and visitation. Fathers who request custody in court are often successful. If you want to be an active parent, do not settle for minimal contact with your children. Be proactive.
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While many fathers feel like the odds are against them in divorce and custody cases, the truth is that New Jersey state laws are gender neutral. Judges look at the best interests of the child and encourage both parents to share the rights and responsibilities of caring for their children.
A Cherry Hill child custody attorney from Fiore Law can address your concerns and help reduce your fears about divorce and custody. Schedule a consultation today by calling our office at (856) 214-8964.