Custody vs. Rights
Custody grants parents certain rights regarding their children. These rights are specific. You can still have certain parental rights even if you don’t have custody. The rights that custody can grant you have to do with where your child lives and who makes important decisions regarding him or her. Understanding your rights as a parent without custody requires a quick look at what rights custody does grant.
Having physical or legal custody of your child means you have more rights than a parent without custody has. Physical custody gives you the right to have your child live with you. This also means you are responsible for your child while he or she is in your care. Legal custody gives you the right to make major decisions about your child’s health, education, or upbringing. Both types of custody can be sole or shared by the parents. Custody is awarded to the parent or parents who can best provide for and meet the needs of the child.
In many cases, a parent without physical or legal custody will still have the right to an appropriate amount of parenting time. This is the time you get visit with your child. The custodial parent does not have the right to interfere with your parenting time, even if you fail to pay child support. It is vitally important you exercise and defend the right to parenting time in order to be a positive presence in your child’s life but also ensure your rights won’t be taken away. Your parental rights can be limited if you fail to exercise parenting time, and having them reinstated is not always easy. You may also lose the right to access any information about your child. Not having custody does not necessarily mean your parental rights have been terminated.
Custody Rights vs. Parental Rights
In New Jersey, custody and parental rights are connected but not identical. Custody determines who provides a child’s day-to-day care and who makes important life decisions. Parental rights represent a parent’s ongoing legal relationship with their child — a bond that often continues even when one parent does not have physical custody and does not exercise legal custody.
Parents should understand that:
- Custody rights cover where a child lives and who decides major issues like education, medical care, and religious upbringing.
- Parental rights include maintaining contact, staying informed about the child’s life and participating in meaningful ways even without custody.
- A parent without custody still retains rights. Courts typically allow appropriate parenting time so the child maintains a strong relationship with both parents.
- Only a court can terminate parental rights, and this happens only when it’s clearly in the child’s best interests, such as cases involving child abuse or neglect.
Understanding the distinction between custody and parental rights helps parents protect their relationship with their child. While custody orders may change, your parental rights are fundamental and worth defending. Working with an experienced New Jersey child custody lawyer ensures those rights remain protected and that you continue to have an active role in your child’s life.
Rights of Custodial Parent vs. Non Custodial Parent
When custody is awarded in New Jersey, the court clearly defines each parent’s rights and obligations. The custodial parent is the one the child primarily lives with, while the non-custodial parent maintains important rights to stay involved and connected.
Here’s how those parental rights generally differ:
- Custodial parents handle the child’s daily care, routines and well-being. They make everyday decisions that support the child’s safety, stability and development.
- Non-custodial parents typically have scheduled parenting time and retain the right to receive school and medical updates and attend major events in their child’s life.
- Both parents are expected to cooperate on significant decisions affecting the child’s health, education and welfare, especially when joint legal custody is in place.
- Either parent can seek a custody modification if circumstances change — for example, if one parent relocates or if the child’s needs evolve over time.
Both parents play vital roles in their child’s life, and maintaining consistent involvement from each parent supports the child’s emotional and physical well-being. Whether you are the custodial or non-custodial parent, it’s essential to understand and protect your rights. A New Jersey child custody lawyer can help ensure those rights are enforced and that your relationship with your child remains strong, stable, and legally protected.
Fight for Your Parental Rights
Your parental rights are important. If you don’t have custody but would like to learn about your parental rights, consult with an experienced child custody attorney. If you have parental rights, it is very important that you exercise them. Learning about the full extent of your rights is the best way to do that. An attorney can advise you of your rights as a parent and help you protect them.
Do you have questions about child custody in New Jersey? Williams Law Group, LLC is here to advise you of your rights and help you defend them. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.