The New Jersey custody laws for unmarried parents provide that single mothers usually get full legal and physical custody over their child. When they were not married at the time of the child’s birth, they will also be the custodial parent and possess all of the legal rights associated with that title.
This occurs specifically in situations where the father of the child is not listed on the birth certificate, and he did not attempt to claim any rights over the child at the time of its birth. If the father did not take steps to establish paternity, the mother will have sole claim to her child.
A custody issue will usually only come up when a biological father asks a court for rights over their child, such as custody rights or visitation rights. This can happen whether or not the child’s parents were ever married.
Whenever a court handles a case that involves a child, it makes determinations using the child’s best interests standard. When a child’s mother believes the father is not fit to care for the child or that awarding the father rights would not be in the child’s best interests, the mother can ask for sole legal and physical custody rights.
For more information on single mother custody rights in New Jersey, it is important for a parent to schedule a legal consultation with a local New Jersey lawyer.
Are There Different Types of Child Custody?
Yes, there are several different types of custody arrangements that parents can agree to or be awarded. Courts will attempt to order the arrangement that is in the best interests of the child.
The different categories of custody include:
- Sole custody
- Legal custody
- Joint custody
- Physical custody
Sole custody
With sole custody, one of the child’s parents is awarded the majority of the rights over the child. The other parent will typically be awarded visitation rights.
This arrangement is not commonly used if two parents are involved in the child’s life. It is typically used in cases of single parents. If, however, the court deems it necessary, it will often provide the other parent with generous visitation rights.
Legal custody
Legal custody gives one parent the ability to make decisions about the upbringing of their child, including their:
- School
- Health care
- Religion
Joint custody
With joint custody, both of the child’s parents will share the responsibilities for raising the child. Joint custody can mean joint physical custody, joint legal custody, or both.
Physical custody
The parent who has physical custody is the parent with whom the child will live. This parent will provide the child with their daily needs, such as:
- Clothing
- Food
- Daily transportation
In certain jurisdictions, parents can share physical custody equally. When this arrangement is used, the child resides with each parent for an equal amount of time.
Who Determines Child Custody?
Child custody arrangements are often determined by the court that handles the case. Parents can come to their own custody agreements, giving them the flexibility they need for their unique schedules.
If parents do agree on the custody arrangement, they can draft a custody agreement that will outline each of their responsibilities and rights related to their child. Custody agreements and orders usually arise out of legal separation or divorce cases that involve a child.
Custody agreements can contain instructions regarding which parent has primary legal custody, physical custody, and outline a visitation schedule for the parent who does not have custody. Parents can come to their own agreements without assistance from the court. However, their agreement has to be approved by the court handling their case.
When a child’s parents reach their own agreement, it can relieve some of the stresses that are associated with child custody issues. Courts are likely to approve agreements that parents come to own their own, as they will be more likely to follow them voluntarily.
If a child’s parents do not want to have a courtroom battle, they can avoid court by participating in family mediation. This is a form of alternative dispute resolution (ADR) where a neutral third party assists the parents in coming to their own agreement.
Can a Father Take a Child Away From the Mother?
In the majority of situations, biological fathers cannot simply take their children away from their mother, as it would be considered parental kidnapping. As noted above, courts make child custody decisions in New Jersey based on the child’s best interest standard.
This means that, even in cases where a child’s mother is unfit, the father will still not immediately be awarded sole custody and be able to take the child away. Instead, there will be formal legal proceedings first, and the parties will likely attend a hearing and have to wait for the court to issue an order.
A child is usually only immediately removed from their mother’s custody when they are in danger. The court may award custody to a child’s father when:
- The mother is deemed to be a danger to the child
- The mother no longer wants parental rights
- The child’s mother has passed away
It is important to be aware that this can also apply to fathers. The court that is handling the child custody case will take into consideration:
- The child’s age
- The physical, medical, and emotional needs of the child
- The lifestyles and emotional states of both parents
- Both parents’ employment and financial states
Can I Move With My Child Without the Father’s Permission?
If a child’s parent is contemplating moving, whether it is across the same town or to a different state, they should take the time to petition to the court for a modification of their custody agreement. They may need to show why the move is in the child’s best interests. One common example of this is when the parent gets a new and better job, which would allow them to better financially provide for their child.
As a general rule, a parent usually cannot move out of the state without first obtaining the court’s permission. Issues surrounding interstate child custody issues are often complicated due to the possibility of severe legal consequences for the parent if these laws are not followed.
When a child’s parent moves without a court’s permission, they may lose their custody rights and even face jail time in certain situations. However, if the child’s mother was never married to the child’s father and no court order exists governing custody of the child, the mother can move at any time and to any place she wants.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother in New Jersey with any custody question or concern, a New Jersey child custody attorney can help answer your question and resolve your issue. Issues that involve your children can be some of the most difficult and emotional issues you will ever face.
Having a custody attorney can help you understand the laws in New Jersey, provide you with a sense of peace knowing your parental rights will be protected, and help ensure the best outcome possible for your case. Your lawyer will file all of the necessary documents with the court and represent you anytime you have to go to court, negotiations, or mediation.
You can find a custody attorney near you fast and for free using LegalMatch.com. All you need to do is submit your issue or concern on the website, and you will get messages from lawyers near you who are licensed, pre-screened, and ready to help you reach the outcome you want.
