Newark Custody for Unmarried Parents Lawyer

Custody for Unmarried Parents Attorney in Newark

For unmarried couples who want children, it is vital to hire an experienced Newark custody for unmarried parents lawyer. They can explain your rights in the event of a breakup.

Marriage can come with a lot of legal and emotional benefits, but it isn’t the right choice for everyone. Many may find it unappealing for personal or political reasons. Others may research what marriage entails, but find it too legally binding to pursue.

This is an increasingly common option for many Americans.

Why Work With the Montanari Law Group?

With over 20 years of combined legal experience, The Montanari Law Group is proud to support Newark residents during their most challenging times in life. Fighting a custody battle can feel overwhelming for those who are unmarried. New Jersey law is complex. When protecting the future of your children’s lives, you want a Newark custody for unmarried parents attorney you can rely on to manage your case.

We offer initial consultations to parents in Newark and the surrounding cities. When you come in for your consultation, you’ll be treated with the empathy you deserve. Our Newark family lawyers will listen to every detail in your situation, along with your desires for your case’s outcome.

Unmarried Parents’ Rights in New Jersey

In New Jersey, the parent and child relationship can be established in several ways. In 2023, 6.8% of women and girls aged 15 to 50 years old gave birth in Newark. A mother’s legal relationship to her child is proven by showing that she gave birth to the child.

For fathers, this process can be more complex. A father’s legal relationship can be proven in different ways, such as:

• Through a court decision
• An acknowledgment of paternity
• Genetic testing

Before seeking child custody, parenthood must be legally established. It’s important to hire a Newark child custody lawyer who is well-experienced in these types of cases.

Presumption of Paternity

In New Jersey, the law has certain situations where a man is legally presumed to be the father of a child, such as:

• If the child is born within 300 days after the marriage ends because of death or divorce
• If he takes the child into his home while the child is under 18
• If he provides financial support and presents the child as his own
• If he files a written acknowledgment of paternity with the local registrar, and the mother does not contest it

These presumptions can be challenged in court, but only with strong evidence, such as showing that another man is the biological father or a court order ending the presumed father’s rights. The Essex County Family Courthouse, located at 212 Washington Street, makes its decision based on the most substantial evidence.

How Custody Is Decided in New Jersey Custody for Unmarried Parents Cases

Once parentage is established, New Jersey custody for unmarried parents laws believe that children should have continued contact with both parents after a separation.

As of 2023, 25% of Newark residents were under 18 years old. Minors require stability in their lives to ensure their emotional well-being, and courts heavily take that into consideration when determining custody.

The court can order joint custody. This type of custody is where both parents share decision-making and, often, physical custody.

The other option is sole custody, where one parent has full physical custody, but the other parent typically still gets visitation. When making this decision, the court looks at many factors, such as:

• The parents’ ability to cooperate
• Their willingness to allow parenting time
• The child’s relationship with parents and siblings
• Any history of domestic violence
• The child’s preference, if the child is old enough
• The child’s needs
• The stability of the home
• The quality of education in a given location
• Each parent’s fitness to parent their child (A parent will not be considered unfit unless their behavior seriously harms the child.)
• How close the parents live to each other
• How much time each parent has spent with the child
• The parents’ work schedules

FAQs

Can My Ex and I Make Our Own Custody Plan?

If both parents agree on a custody plan, the court will approve it unless it is not in the child’s best interests. If the parents cannot agree, the judge may require each of them to submit a custody plan. The court must explain on the record the reasons for any custody order that the parents did not both agree to.

Can an Unmarried Mother Automatically Get Full Custody?

A mother in New Jersey doesn’t automatically get full custody. A mother has custody from birth. However, once the father establishes paternity, both parents share equal rights when seeking custody or parenting time. The judge then considers what custody arrangement is right for the child. In many cases, the court encourages both parents to share custody or at least allow regular visitation with the noncustodial parent.

What Is the Difference Between Legal Custody and Physical Custody in New Jersey?

Legal custody and physical custody have several differences. Legal custody is the right to make major decisions about the child. This includes choices about their healthcare, education, and religion. Physical custody is where the child lives. Parents may share joint legal custody, meaning they both make decisions, even if the child lives mainly with one parent.

Can Custody Orders Be Changed Later in a New Jersey Case?

Custody orders can be changed if there is a significant change in circumstances. For example, a change in a parent’s work schedule, a parent moving out of town, or concerns about a child’s safety can lead the court to review custody. The parent asking for the change must show that the modification would benefit the child. Until a court changes the order, both parents must follow the existing custody arrangement.

Hire a Custody for Unmarried Parents Lawyer You Can Trust

The Montanari Law Group has practiced in New Jersey’s legal community for years. We offer initial consultations to those needing legal guidance during challenging times. Contact our team today to learn how we can help you in your custody case.