Men's Divorce: Our Strategies Can Help You Get to Where You Want To Go

Fathers Have Equal Rights to Their Kids

On the surface, the law treats parenting of children equally between men and women. For example, title 9 2-4 of the New Jersey Statutes mandates that in cases involving child custody, the rights of both parents shall be allocated equally. However, in reality, fathers may experience prejudice.

Women regularly gain custody of their children more often than men, even though the law is gender-neutral regarding parenting time for several reasons. First, courts generally like to design arrangements that replicate the children’s pre-divorce circumstances since they do not wish to disrupt a child’s life. Being the children’s primary caregiver during a marriage is significantly more common for wives. As a result, they are also slightly more likely to be designated as the primary custody parent following a divorce or separation.

After a divorce or separation, fathers may spend less time with their kids simply because they may not request it. A parent may only know to ask the court for equal rights if he is aware of them in matters of custody or visitation. The bias against fathers in the legal system is eroding with time. Fathers in New Jersey could safeguard their relationship with their kids during and after divorce by employing a men’s divorce attorney.

Parents Share Responsibilities in New Jersey

Fathers have similar responsibilities for providing financial support and equal rights to custody and parenting time. As a result, both parents are jointly accountable for providing for their children’s financial needs. 

The parent with whom the children spend most of the year is presumed by the law to provide their fair share of support by paying the household expenditures and providing for the children’s necessities. By providing child support, the non-custodial parent contributes their fair part. The amount of child support a person must pay might be significantly lowered if parents share custody fairly. An attorney for fathers’ rights in New Jersey can explain to people their responsibilities regarding child support.

Legal Custody

In most situations, both parents will share physical custody of their children, barring instances of abuse or neglect. Legal custody is the term used to describe a parent’s decision-making power. It allows fathers and mothers to decide on significant parts of their children’s lives jointly. The non-custodial parent can make decisions since legal custody is distinct from physical custody.

Proving Paternity 

The father will typically already have paternity rights in divorce disputes in New Jersey, but if not, it’s crucial to learn how to prove paternity. There are a few fundamental approaches to proving paternity:

• Through marriage
• When a child is born while a couple is still married, the father is automatically assumed.
• Through a certificate of parentage
• The mother and father could sign a document confirming parentage if you were born to unmarried parents.
• Through paternity proceedings

In this instance, a hearing in family court will be held, and a DNA test will be conducted to establish your paternity.

Contact our men’s divorce lawyer immediately if you are concerned about maintaining your paternity rights during your separation.