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Establishing a stable environment for children is the main goal for any parent, and it can become even more important for single parents or those going through a breakup. If you’re a parent dealing with the unique legal hurdles faced by non-married couples in Essex County, finding a Montclair custody for unmarried parents lawyer can be an essential step in protecting your parental rights.
At The Montanari Law Group, our legal team knows exactly how the local courts work and is here to make this change as easy as possible for your family.
National data showed that in the past, about 3.8% of births in the United States were to unmarried women. In Essex County, that number is much higher, with nearly half, about 49%, of all babies being born to parents who weren’t married.
In the Garden State, the legal process for parents who were never married is known as a non-dissolution. Under these laws, a father must first legally prove he is the parent before he has the right to help make decisions for the child or have them live with them. Fathers can either do this through a court order or a Certificate of Parentage from the Essex County Clerk on Dr. Martin Luther King Jr. Blvd in Newark.
The legal process for unmarried parents in New Jersey typically moves through a series of structured steps designed to reach a resolution quickly. At the first stage, the court may ask both parents to go to mediation sessions together to see if they can come together to reach an agreement. If this doesn’t work, you may have to appear before a judge for a summary hearing.
During this time, the court evaluates specific evidence used to decide, such as your child’s:
These hearings tend to be shorter than traditional trials, so presenting a clear, organized case from the start is important to get a favorable outcome.
Dealing with the non-dissolution process in Newark requires precision and an understanding of how local judges view parental cooperation. When you decide to hire a custody for unmarried parents lawyer, you proactively advocate for your parental rights in your custody case.
Statistics from national child custody studies indicate that over 90% of parents in these situations can settle their cases outside of the courtroom through mediation or negotiation.
A skilled Montclair custody for unmarried parents attorney can help you reach one of these settlements and save you the stress of a trial. However, if you and your child’s other parent can’t reach an agreement, your lawyer becomes your advocate who can present evidence to the court that speaks to your:
At The Montanari Law Group, our Montclair family lawyers provide clear, empathetic guidance for families who do not fit the traditional matrimonial mold. New Jersey ranks as the top state for single parents because of its high median income for single-parent households and robust education system, and we help clients leverage these benefits.
We can help unmarried parents in Montclair by creating comprehensive parenting plans that address every detail, from holiday schedules to long-term educational decisions. When you choose our team, you gain a partner who knows how to navigate the Essex County court system efficiently and help you keep a stable, two-parent environment, regardless of your marital status.
If an unmarried couple breaks up with a child in New Jersey, the mother gets sole legal and physical custody, and the father must establish legal paternity to change this. Once a father gets his paternity recognized, he has just as much right as a mother to seek a formal custody agreement. The procedure allows the court to set a schedule for parenting time and determine who makes major decisions about the child’s health, education, and general welfare.
The biggest mistake a parent can make in a custody battle is to let a dislike for their child’s other parent interfere with the child’s needs. This includes speaking poorly about the other parent in front of the child or trying to block them from visiting their other parent. Judges in New Jersey look for co-parenting fitness, so showing an inability to cooperate or communicate effectively can impair your chances of getting joint legal or physical custody during your case.
How much the average custody lawyer costs depends on whether the parents can agree on a schedule or if the case requires a trial. Most attorneys work on an hourly basis and require an initial retainer fee. If you and the other parent use mediation to settle your differences, the costs are usually much lower. Additionally, you can plan your budget by scheduling a consultation with your Montclair child custody lawyer, where they’ll give you an overview of their fees.
In New Jersey, unmarried fathers do not have automatic legal rights until paternity is established. Once an unmarried man legally confirms he’s a child’s father, he has the same exact rights as a married father. These rights include being able to seek joint legal custody, which allows you to participate in major life decisions, and the right to a consistent parenting time schedule to maintain a strong relationship with your child.
Your bond with your child is too important to risk with a bad agreement or by leaving things to chance. When you hire a custody lawyer for unmarried parents from our office, we focus on protecting your relationship and making sure your visitation schedule respects your time together.
Reach out to us, as we have the skills and experience to guide you through the New Jersey family court system so you can feel confident and at ease.
“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
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