Does New Jersey Ever Grant Fathers Primary Custody?

siblings playing together

The New Jersey family court will consider many factors when it comes to finalizing a child custody order. However, as a father, you may feel threatened that the court will favor your child’s mother. Continue reading to learn whether New Jersey ever grants fathers primary custody and how one of the experienced Hudson County child custody attorneys at Greenberg & Walden, LLC, can come to your defense.

Does the state of New Jersey ever grant fathers primary custody?

Data has reported that, unfortunately, only about 17 percent of single parents with physical and legal custody over their children are fathers. This is the case even though the New Jersey family courts are supposed to practice “gender blind” judgment when it comes to establishing child custody arrangements. This means that when a joint custody decision is impossible to reach, the court will usually grant primary custody to the mother.

What father rights should I know about?

While the odds may be against you when it comes to being granted primary custody as a father, this is not to say that you do not have rights. With that being said, it is important that you understand these rights and what type of custody you should be fighting for. They are as follows:

  • The right to physical custody: this right means that your child will live and spend the majority of their time with you.
  • The right to legal custody: this right means that you can have influence in the major decisions made in your child’s life (i.e., educational decisions, religious decisions, medical decisions, etc). Notably, you may be granted this right regardless of whether you were granted physical custody.
  • The right to visitation: this right means that you can have parenting time and have a court-ordered schedule with the exact amount of time you are entitled to with your child.
  • The right to support: if you are granted physical custody, this right means that the non-custodial parent owes you payments to balance your child’s cost of living between the two of you.

So long as the court determines that you are a fit parent, any of the above rights may be available to you. Notably, instead of gender, the court will look at the following circumstances when determining your rights as a father:

  • The relationship you have with your child.
  • The stability and safety that you can provide for your child.
  • Your ability to act in your child’s best interest.
  • Your willingness to accept custody.
  • Your child’s needs.
  • Your child’s preference, if they are of sufficient age.

Nonetheless, if you are currently fighting for custody rights over your child, you must gain the legal representation of one of the skilled Hudson County family law attorneys. Call us today.

Call 201-854-2200 or Message Us for a Free Consultation & Important Answers about Your Legal Options | Hablamos Español


Read Our Latest Blog Posts