a small firm that packs a big punch
- Home
- Attorneys
- Articles
- Practice Areas
- Family Law
- Criminal Defense
- Employment Law
- Personal Injury
- Workers’ Compensation
- Real Estate
- Wills, Trusts & Estates
- Blog
- Courts We Serve
- Contact
- Toggle website search
Parents who are not married may require legal assistance when dealing with child custody, parenting time, and parental rights issues. A Hackensack custody for unmarried parents lawyer can assist when disagreements develop regarding matters like parentage, visitation schedules, relocation requests, and other important issues.
In New Jersey, custody and parenting time matters involving unmarried parents are decided under the same legal standards applied to married parents. In both types of cases, the courts focus on the best interests of the child. The Montanari Law Group represents unmarried parents in Bergen County family court proceedings involving custody disputes and parenting matters.
The Montanari Law Group has successfully represented parents in Northern New Jersey in family law custody disputes, parenting time, child support, and paternity-related matters. Our Hackensack family law attorneys represent parents in contested and non-contested family court matters involving unmarried parents, including custody, relocation, and modification of existing orders.
Our firm is located in Little Falls. We have clients in Hackensack and all of Bergen County. Our attorneys are familiar with the court staff and procedures of the Superior Court of New Jersey, Chancery Division, Family Part, where custody and parenting matters involving unmarried parents are commonly resolved. The court serving Bergen County is located on Main Street in Hackensack.
Custody disputes between unmarried parents are decided under the same legal standards applied in divorce cases. New Jersey courts consider the best interests of the child in determining legal custody, physical custody, and parenting time under N.J.S.A. § 9:2-4.
When ruling on custody for unmarried parents cases, judges consider such factors as each parent’s ability to communicate and cooperate with the other. They also look at the stability of each home, the quality of each parent’s relationship with the child, and both parents’ work schedules. Evidence of domestic violence or drug use also impacts all custody cases.
In contested custody cases, judges might also weigh the child’s schooling, healthcare requirements, and how crucial it is to maintain their established routines. Custody evaluations or testimony from psychologists or parenting professionals may be presented in some contested cases in Bergen County family courts.
The question of legal paternity is often part of a custody case for unmarried parents. Before an unmarried father can fully assert custody or visitation rights in New Jersey’s family court, legal paternity has to be formally recognized. According to the CDC, 40.0% of all births in the United States in 2023 were to unmarried mothers.
Paternity may be voluntarily established at the time of a child’s birth. However, cases where paternity is disputed or questioned must be resolved through court proceedings and DNA testing. Paternity issues may also impact other factors, including child support, inheritance, medical information, and parental rights.
Custody hearings involving paternity tests, contested paternity, or disputes regarding a parent’s custody rights are presented before a Bergen County family court judge. After hearing the case, the judge legally confirms parental rights via a court order.
Parenting time disputes may occur between unmarried parents over visitation schedules, transportation arrangements, exchange locations, holidays, and/or vacations. Parenting schedules are often created by the courts to foster continued contact between the child and both parents, when appropriate.
Custody orders may include detailed provisions on pickup and drop-off arrangements, school breaks, extracurricular activities, and how parents are expected to communicate. Disputes may also arise over missed visits, chronic lateness, interference with parenting time, or differences in discipline or household routines. Supervised visitation may be considered in some cases, where there are allegations of substance abuse, neglect, or safety concerns raised during the process.
Relocation cases can be highly contentious when one parent seeks to move with a child to another city or state. A proposed relocation may interfere with existing parenting schedules, school enrollment, extracurricular activities, and contact with the other parent.
New Jersey courts may consider the motivation behind a relocation request, the practicality of preserving parenting time, and the potential impact of the move on a child’s emotional and educational well-being.
Relocation disputes can involve extensive evidence concerning employment opportunities, family support networks, or a child’s special needs. Contested relocation cases sometimes involve testimony from psychologists, custody evaluators, or education professionals before a judge makes a decision.
Disputes concerning child support between unmarried parents are typically addressed using the same legal principles that govern family law cases involving divorce. New Jersey courts use the statewide child support guidelines to determine support. Calculations are based on factors including the parents’ income, health insurance expenses, childcare costs, overnight parenting time arrangements, and the child’s financial needs.
Support issues may arise with self-employed, unemployed, or underemployed parents, as well as cases where one parent is suspected of hiding income. Courts may also hear requests for reimbursement of extraordinary medical expenses, extracurricular activities, and educational costs. As of 2022, the U.S. Census Bureau estimated that about 78.2% of custodial parents in the U.S. were mothers.
A custody order between unmarried parents can be changed later on if there has been a significant change in the circumstances affecting the child or either parent. A parent may request a modification after moving to a new home, remarrying, changing work hours, developing school issues, or raising concerns about an unsafe environment. Judges often expect to see evidence that the circumstances have materially changed before reconsidering a prior order.
A court may consider changing parenting time or legal custody if it would better meet the child’s needs. Some contested cases involve an emergency application about issues such as interference with visitation, parental alienation, or claims of abuse or neglect. The modification process can become complex if there have been repeated violations of a prior court order or if it is heavily contested by the parties.
Custody battles between unmarried parents often involve significant emotional and legal disputes over parenting time, visitation, child support, and other parenting decisions. The Montanari Law Group handles Hackensack and Bergen County child custody arrangement cases for unmarried parents. Whether you are establishing custody or modifying existing orders, our legal team is equipped to support you. Schedule a consultation to hire a custody for unmarried parents lawyer.
“Michael Montanari was a great lawyer to represent my case and I’m grateful I found him through reviews like these. He’s extremely helpful and knowledgable and it was a pleasure having him represent my case and win. Highly recommend.” – Juan Alvarez
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
“Jayna Patel was a pleasure to work with. Knowing how knowledgeable and experienced she was put me at ease during a very challenging time. She made the process easy and stress free. I would recommend her services to anyone in need of a family lawyer.” – Leyla
Read more of our Google reviews.