Child Custody and Unmarried Parents

Navigating child custody issues is challenging for any parent, but unmarried parents often face unique legal hurdles compared to married couples working out custody during a divorce. Read on for a discussion about what unmarried parents need to know when navigating child custody issues in New Jersey. If you are dealing with child custody issues in Union, Essex, or Middlesex County, either inside or outside the context of a divorce, contact the Law Offices of John B. D’Alessandro to speak with a skilled and knowledgeable Union child custody attorney.

Legal and Physical Custody in New Jersey

New Jersey law recognizes two primary types of custody: legal and physical custody.

• Legal Custody: This involves the right to make significant decisions about the child’s welfare, including education, health care, and religious upbringing. In most cases, courts favor joint legal custody, allowing both parents to participate in decision-making.
• Physical Custody: This refers to where the child lives and who is responsible for day-to-day care. Physical custody can be shared, where the child spends significant time with both parents, or sole, where the child resides primarily with one parent while the other has visitation rights.

Unmarried parents face several challenges in child custody disputes, mainly due to the lack of automatic legal rights afforded by marriage. Here are some key challenges:

Establishing Paternity

For unmarried fathers, establishing paternity is crucial as it affects their custody and visitation rights. In New Jersey, paternity can be established through:

1. Voluntary Acknowledgment: Both parents can sign a Certificate of Parentage at the hospital or later through the local registrar’s office. This is the simplest method but requires mutual agreement.
2. Court Order: If there is disagreement, either parent can file a paternity action in family court. The court may order genetic testing to establish paternity conclusively.

Establishing paternity is a prerequisite for an unmarried father to seek custody or visitation rights and to have a say in legal custody decisions.

Legal Recognition of Parental Rights

Once paternity is established, unmarried fathers can pursue custody and visitation rights. Courts consider the best interests of the child when determining custody arrangements, examining factors such as:

• The parents’ ability to communicate and cooperate.
• The child’s relationship with each parent.
• The stability of each parent’s home environment.
• Each parent’s willingness to accept custody and any history of unwillingness to allow parenting time that is not based on substantiated abuse.
• The geographical proximity of the parents’ homes.
• The child’s needs.

Unmarried parents may struggle with decision-making authority, especially if there is animosity between them. Courts in New Jersey often prefer joint legal custody, but this requires parents to work collaboratively on major decisions. If cooperation is impossible, the court may grant sole legal custody to one parent, giving them the authority to make decisions unilaterally.

Child Support and Custody

Child support is another crucial aspect that intertwines with custody decisions. In New Jersey, both parents are financially responsible for their child, regardless of marital status. The non-custodial parent typically pays child support to the custodial parent, calculated based on the New Jersey Child Support Guidelines. These payments ensure that the child’s needs are met in both households.

Steps to Take When Facing Custody Issues

For unmarried parents facing custody issues in New Jersey, taking proactive steps can help ensure a favorable outcome:

1. Establish Paternity: Ensure paternity is legally recognized to pursue custody and visitation rights. This can be done through voluntary acknowledgment or a court order.
2. Consult with a Family Law Attorney: An experienced family law attorney can provide guidance tailored to your circumstances, helping you understand your rights and options.
3. Develop a Parenting Plan: Collaborate with the other parent to create a comprehensive parenting plan outlining custody arrangements, visitation schedules, and decision-making responsibilities. This plan can be submitted to the court for approval, demonstrating your commitment to co-parenting.
4. Document Interactions: Keep detailed records of your interactions with the other parent, including communication and time spent with the child. This documentation can be invaluable if custody disputes arise.
5. Focus on the Child’s Best Interests: In all custody matters, prioritize the best interests of the child. Demonstrating a willingness to support the child’s relationship with the other parent can positively impact the court’s decision.

Contact the Law Offices of John B. D’Alessandro for Help With Child Custody in New Jersey

Child custody disputes can be particularly complex for unmarried parents in New Jersey. Understanding the legal challenges and the importance of establishing paternity is crucial in navigating these issues. By seeking legal guidance and focusing on the child’s best interests, unmarried parents can work toward custody arrangements that provide stability and support for their children. The Law Offices of John B. D’Alessandro is here to help unmarried parents in Union, Essex, and Middlesex counties navigate these challenging waters with compassion and expertise. Call our Union law offices at 908-964-0102 to schedule a consultation today.