Arons & Solomon Divorce Lawyers | September 30, 2024 | Family Law
When seeking child custody, visitation, or support, it is important to understand the terms you may hear in court. Many of these terms have a significant impact on your rights. For example, the terms “paternal” and “parental” sound and appear similar but have quite different meanings.
Paternal rights refer to the determination of a child’s father and his rights as the child’s parent. Parental rights refer to the legal rights a parent has regarding their child.
How Does a Man Establish Paternity in New Jersey?
A married woman’s husband is presumed to be the father of a child born during the marriage. New Jersey courts operate under this assumption until evidence proves that the husband is not the child’s father.
However, there is no presumption of paternity for a child born to an unwed mother. New Jersey recognizes the mother as the child’s parent. A father must prove paternity before he is granted parental rights.
Men can establish paternity in several ways. They can marry the child’s mother and establish paternity by:
- File a written acknowledgment of paternity with the state registrar
- Ask to be added to the child’s birth certificate as the father
- Tell people that he is the child’s biological father
- Be ordered or agree to pay child support
A man can establish paternity with the mother’s consent by filing a Certificate of Parentage with the state registrar. The man can file a paternity suit if the mother does not consent.
A paternity suit alleges that a man is the biological father of a child. A mother or the alleged father can file the suit. The court may order a DNA test to determine if the man is the child’s biological father. However, the court considers numerous factors before ordering a DNA test.
Why Is It Important to Establish Paternity?
Establishing paternity gives the biological father parental rights. Until paternity is established, a man has no right to see the child. They cannot make decisions for the child. Once paternity is established, the father has the right to seek custody of and/or visitation with the child.
Identifying a child’s biological father also benefits the child. Establishing paternity means:
- The child can be covered under the father’s health insurance
- The father can be ordered to pay child support
- The child can have a close relationship with their father, even if the mother objects
- The child can inherit from the father’s estate
A father can also contest paternity if he is presumed to be the child’s father. If there is evidence that the man may not be the child’s father, the court may order a DNA test to resolve the matter.
Overview of Parental Rights in New Jersey
Parents retain custody of a child until the child turns 18 or is otherwise emancipated. Custody is the right to exercise control over a minor. It includes legal custody and physical custody.
Physical custody refers to where the child lives and a parent’s responsibility to provide for the child’s needs daily. Even when the court grants sole custody, the child may live primarily with one parent for stability and continuity. The other parent would have visitation with the child.
Legal custody refers to the right to make decisions for a child. Examples of decisions parents make for their children include matters related to healthcare, education, religious upbringing, extracurricular activities, and child care.
Under New Jersey law, it is presumed that it is in a child’s best interest to maintain a close relationship with both parents after a separation or divorce. Therefore, joint custody is preferred. Parents are encouraged to work together to develop a parenting plan and time-sharing agreement that allows their children to have frequent contact with both parents.
When parents disagree, or a parent alleges the other parent is unfit, the court decides custody. The decision is made based on the best interests of the child.
A judge considers the evidence to decide whether it is best for the child to grant joint custody or order sole custody to one parent. If the court awards sole custody, the judge may grant liberal visitation to the non-custodial parent. The court may also order limited or supervised visitation if that is in the child’s best interest.
Get Help with a Paternity or Child Custody Matter in New Jersey
If you have questions about parental rights or paternity, contact Arons & Solomon Divorce Lawyers for a free consultation with a Hackensack child custody lawyer. We can help you establish your rights as a child’s biological parent.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
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