What Are My Rights as an Unmarried Parent in New Jersey?
Being an unmarried parent in New Jersey comes with its own legal landscape—but rest assured: your parental rights and responsibilities are both recognized and protected under state law. Understanding these rights is essential whether you’re navigating custody, considering adoption, or planning for your child’s future.
Establishing Paternity: The First Step for Fathers
In New Jersey, an unmarried father must establish paternity before gaining any legal rights. This can be achieved by signing the birth certificate or through a court-ordered DNA test if paternity is in question. Once paternity is legally recognized, fathers have the same rights as married parents, including child custody, parenting time, and decision-making authority.
Custody, Parenting Time, and Support: Equal Treatment Regardless of Marital Status
New Jersey law ensures that unmarried parents have the same rights to custody and support as married couples. Once paternity is established, either parent can seek sole or joint legal custody, parenting time, or child support based on the child’s best interests.
By default, the mother is granted sole custody if both parents are named on the birth certificate—but fathers can petition the court for shared custody or visitation as needed.
Decision-Making Authority: Legal vs. Physical Custody
Legal custody grants the right to make key child-rearing decisions—regarding schooling, healthcare, and other matters—while physical custody determines where the child resides. In many cases, unmarried parents can secure joint legal custody, even if one parent has primary physical custody of the children.
Adoptions & Second-Parent Rights for Unmarried Partners
Unmarried individuals may also seek to adopt their partner’s child, commonly referred to as second-parent adoption. This process enables a non-biological partner to adopt without terminating the first parent’s rights, ensuring equal legal parenthood for both.
New Jersey has implemented a streamlined process for second-parent adoptions, often with fewer hurdles, fewer requirements (such as waiving a home study), and lower costs than traditional adoptions.
Planning Ahead: When Legal Parenthood Matters Most
While you may feel like a parent in every way, without legal recognition, either through established paternity or adoption, your parental rights may not be enforceable. Legal recognition protects your ability to make decisions for your child, seek custody or visitation, and safeguard your child’s future. Adoption and the formal adoption process are critical tools for securing these rights.
Ready to Protect Your Parental Rights?
At Fiore Law Group, our experienced family law attorneys guide unmarried parents through every step—from establishing paternity to navigating adoption and the adoption process. Don’t face these challenges alone. Contact us today to schedule a consultation and protect your rights—and your child’s future.