© 2025 Law Office of Sarina Gianna, LLC.
All rights reserved. Attorney advertising.
What Rights Do Fathers Have in Custody Disputes?
Contrary to popular belief, custody laws are designed to be gender-neutral. This means that neither parent is automatically favored in custody decisions. Fathers don’t have fewer rights than mothers. Understanding your rights as a father in custody disputes is essential to ensure that you are protected and aware of your options. Please continue reading as we explore what you should know about these matters and the importance of connecting with a skilled Ocean County Child Custody Attorney.
What is the Importance of Establishing Legal Paternity?
First, it’s important to understand that in legal terms, “paternity” refers to the status of a man as the father of a child. Establishing paternity is essentially the process of determining who is legally recognized as the father. This is a crucial step, particularly for unmarried parents, as it outlines the father’s legal rights and responsibilities. For married couples, paternity is often presumed. Paternity can be established through voluntary acknowledgment or involuntarily through court proceedings.
After paternity is established, fathers have the right to pursue custody rights. This can either be accomplished through a mutually agreed-upon parenting plan or, if an agreement cannot be reached, by filing a lawsuit with the court. You should note that it also establishes the father’s legal obligation to financially support the child.
Do Fathers and Mothers Have the Same Custody Rights in New Jersey?
In New Jersey, fathers have equal rights to custody and visitation with their children, just as mothers do. In all custody cases, the primary focus is always the child’s best interests. The court typically finds that children benefit from maintaining a relationship with both parents. As such, fathers can petition for either joint or sole custody. Joint custody may involve parents sharing decision-making and residential responsibilities. Ultimately, fathers have just as much of a chance of being awarded custody as mothers as long as they don’t pose a threat to the child’s safety or well-being.
To strengthen your case as a father seeking custody, you must demonstrate your commitment to your child’s well-being. It’s imperative to show active participation in their daily life, such as attending school events and extracurricular activities. Document parenting time to show that you have a strong, positive relationship with your child. As mentioned, the court will strive to create a custody arrangement that serves the best interests of the child. Therefore, you need to show that you can provide care and support.
If you are dealing with a contentious custody battle in New Jersey, please don’t hesitate to contact an experienced attorney from The Law Office of Sarina Gianna, LLC, who can ensure that you are properly represented. Connect with our firm today to discuss your case.