Trusted Custody for Unmarried Parents Attorney in Passaic County, NJ
Parents who were never married to each other can face similar questions about child custody as divorcing parents. However, unmarried parents may have to take an additional step to legally establish parentage. A Passaic County custody for unmarried parents lawyer can explain how New Jersey determines custody and parenting time and how parentage impacts parental rights.
Custody decisions are based on the child’s best interests, regardless of whether the parents were married.
Family Law Guidance From The Montanari Law Group, LLC
Passaic County family law attorneys at The Montanari Law Group, LLC help families in Little Falls, New Jersey, and Passaic County understand divorce and family law issues. Resolving disputes over custody can impact where a child lives, who makes important decisions, and the parenting time each parent has. Our Passaic County child custody attorneys can provide information about New Jersey custody laws and the process you may encounter.
Unmarried Parents Custody Rights
Neither parent is granted an automatic advantage in a custody case because of gender or marital status. New Jersey courts consider the rights of both parents under N.J.S.A. 9: 2-4 and determine what is best for the child. The best interests of the child are evaluated by considering a number of factors. They include:
- Each parent’s ability to communicate about the child
- Each parent’s willingness to accept custody and parenting time provisions
- Each parent’s relationship with the child
- Home life
- Each parent’s schedule, particularly due to work
- Any special needs of the child
Passaic County custody for unmarried parents attorney at The Montanari Law Group, LLC can help you during this process.
Establishing Parentage
According to the CDC, in New Jersey, 32.9% of live births were to unmarried mothers. Additionally, 43% of males and 38% of females in Passaic County aged 15 and older have never been married, with some of these having children. These statistics show the importance of establishing parentage in order to help determine custody.
Unmarried parents who have not legally established that they are the child’s biological parent may need to address parentage first. Sometimes parentage is assumed by the state under certain circumstances. Parentage can also be established by other means. After legally establishing parentage, parents can address custody, parenting time, and child support obligations.
Legal and Physical Custody
Courts consider both parenting time and legal decision-making when parents are addressing custody. Legal custody refers to each parent’s role in making decisions regarding the child’s education, healthcare, and other issues. Physical custody determines where the child lives.
The parenting time schedule establishes how parents divide time with the child. Joint legal custody does not necessarily result in a child spending half the time at each parent’s house. The parents and court consider what is best for the child based on their specific circumstances. A Passaic County parenting time attorney can help parents address custody arrangements specifically related to parenting time schedules and visitation.
Creating Your Own Custody Agreement
Parents do not need to have a judge make decisions about custody. Parents can agree on the following:
- The child’s residence
- Parenting time schedule
- Holidays, school breaks, and vacations
- Transportation
- Methods of communication
- Who may make what decisions regarding the child
Still, without a formal agreement, disagreements can easily arise down the line if parents have trouble communicating or aren’t on the same page about what they expect. Having the agreement approved by a judge allows the court to monitor the situation and enforce the agreement.
When Parents Cannot Agree on Custody
Parents who do not agree on custody may have the decision made by a judge. The court may consider what arrangement is in the best interest of the child. New Jersey family courts try to help parents come to an agreement, if possible.
Mediation or other procedures may be ordered by the court before parents are required to appear at a contested custody hearing. Passaic County families may have their case in front of judges at the Passaic County Courthouse, 77 Hamilton Street, Paterson, New Jersey 07505. Custody, parenting time, parentage, and other family law matters are resolved in the Family Division of the courthouse.
Judges can consider evidence about the custody arrangement that is currently working for the child. The court also takes into account how close each parent is to the child, how well they can talk to each other, what their home situations are like, any safety worries, and other considerations.
FAQs
Can a Father Get Custody if His Name Is Not on the Birth Certificate?
If a father’s name is not on the birth certificate, it does not necessarily bar him from getting custody. He may need to legally establish parentage by signing an acknowledgment, participating in a court proceeding, or another method allowed by law. Once established as a child’s legal parent, he can ask for custody or parenting time, and the court can consider the proposed arrangement under New Jersey law.
Can Grandparents Seek Custody of a Child Born to Unmarried Parents?
Grandparents or other third parties sometimes can seek custody or visitation. However, parents are usually afforded broad legal protections to make decisions regarding their children. A third party must meet different legal requirements than a parent. Court outcomes can vary significantly based on the specific facts, including who has cared for the child and the legal grounds for the request.
Does a Child Get to Choose Which Parent to Live With?
A child does not get to decide who gets custody. However, New Jersey courts can consider a child’s custody preference if the child has sufficient age and capacity to make an informed decision. The child’s preference is only one factor the court must consider. Judges also look at the child’s needs, each parent’s ability to meet those needs, family dynamics, stability, safety, and other issues.
What Happens if One Parent Refuses to Follow a Custody Order?
If one parent refuses to follow a custody order, the other parent can request that the court enforce it. The proper solution depends on the violation and facts. In most situations, parents are better off keeping records of missed pick-ups or drop-offs, denied parenting time, or other violations instead of taking matters into their own hands and violating the order. Contempt of court or other enforcement may be necessary if the problems are serious or continue.
Hire a Custody for Unmarried Parents Lawyer Today
If you are unmarried and are seeking custody solutions, hire a custody for unmarried parents lawyer at The Montanari Law Group, LLC today. We can help you advocate for your child’s best interests. Contact us today for a consultation.
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