When it comes to custody disputes and family law, there is a widely believed yet false assumption that fathers may not have equal rights to their children, especially if the mother is seen as the primary caregiver. It is important to understand, however, that fathers have the same legal rights as mothers and any other parent when it comes to the custody of their children. For more information on your legal rights and responsibilities as a parent, read on and consult a Sussex County, Sparta child custody attorney for skilled representation.
What Rights Do Fathers Have During Custody Disputes?
Under both state and federal law, all parents have equal rights regarding their children’s custody. Parental rights can include the right to seek custody, the right to seek visitation, the right to participate in parenting decisions, the right to child support if awarded custody, and more. Fathers also have the right to contest paternity if they believe that they are not the biological father of the child.
In custody cases, courts strive to ensure that the child’s best interests are prioritized. Under New Jersey law, courts will automatically assume that the child should have the opportunity to maintain strong relationships with both parents, so joint custody is often preferred unless extenuating circumstances apply. The only time a parent may have fewer rights than the other is if the court rules so due to factors like the parent being unfit to care for the child or other relevant legal issues. However, an individual’s parental rights are not impacted based on their gender.
When Can Parental Rights Be Restricted?
While fathers have the same rights to custody as mothers, any parent’s rights can be restricted or limited under certain circumstances. For example, if the father has exhibited behavior that is harmful to the child, the court may restrict their access to the child, including custody and visitation.
Behavior that could be dangerous for the child and impact their well-being can include domestic violence, emotional abuse, substance abuse, neglect, abandonment, incarceration, etc. If the father moves in with a new romantic partner or roommate who is seen as a danger to the child, their custody rights could also be restricted. Unless a parent’s actions are seen as detrimental to the child’s well-being, however, a court will not likely deprive them of their right to see their child.
It is important to keep in mind that either parent’s custody rights can be altered if they exhibit the above behaviors or if changes in circumstances make them unable to properly care for the child. New Jersey courts prioritize the safety and best interests of the child above all else.
To learn more about your parental rights and obligations, contact a skilled family lawyer today.
