Fathers’ Rights Questions

What are my fathers’ rights in New Jersey? Find out the answers to this and other common questions about fathers and child custody in New Jersey:

How can a father get custody in New Jersey?

It is a common misconception that judges favor mothers over fathers when it comes to custody. While this may have been the case long ago, it is not the case today. Both parents are in the same position when it comes to asking for custody. The court will consider first and foremost what is in the best interests of the child and will make the same analysis of your facts and circumstances whether you are the mother or the father of the child.

Can a father get custody of his unborn child?

Courts will not make any decisions regarding an unborn child with regard to custody. Either parent is able to file a request for custody with the court once the child is born.

How can a father get emergency custody of his child?

Again, whether the parent asking for emergency custody or any other type of custody is the mother or the father, in the eyes of the law is irrelevant. A father would go through the same procedures when seeking emergency custody as a mother would i.e. filing for an Order to Show Cause.

How can I win primary custody as the father?

The court will look at what is in the best interests of your child. You will show the judge how involved in your child’s life you have been, how you have taken care of the child and any other factor that is relevant to show the court that it is in your child’s best interests to be the primary custodial parent. The judge will weigh your evidence and the mother’s evidence at a hearing, if the two of you cannot come to an agreement regarding the custody of your child. It is advised to seek the advice of an experienced custody attorney to help you through this process.