New Jersey Parental Rights Lawyer
We Handle Mothers’ Rights, Fathers’ Rights and Grandparents’ Rights Cases
Parental rights can play a key role in many legal cases – from child custody and visitation rights to many other family law cases. This is why family members should fully understand their legal rights and options before many important legal decisions.
That’s why our New Jersey parental rights attorneys at Williams Law Group, LLC want to help. We have years of experience dealing with a wide range of cases in New Jersey involving parental rights. As a result, we thoroughly understand how the legal system works in this state.
There’s no substitute for such experience. That’s why so many mothers, fathers and other family members choose us to represent them. They know that we know what to do when your rights are on the line. You can count on us to put your rights and your best interests first.
– Sherri S.
Parental Rights Cases We Handle
Our law firm takes great pride in skillfully handling a wide range of parental rights cases, including legal matters involving:
You Have Rights. Our New Jersey Law Firm Can Help
Don’t simply assume there’s nothing you can do as a mother, father or grandparent. Every parental rights case is different. That’s why it’s critical that you fully understand the legal options available to you.
Get a New Jersey parental rights attorney who puts your needs first. Contact us and schedule an appointment today. Our family law firm has two New Jersey offices conveniently located in Short Hills and Parsippany.
Mothers’ Rights
Many women face challenges when raising children, especially when they do so alone. Some of the legal issues mothers face concern child custody, child support and other legal issues as a mother. That’s why it’s important for mothers in New Jersey to fully understand their legal rights and options as a mother.
Rights in New Jersey Related to Children
State law does not prefer one parent over the other based on gender. Therefore, every child has the right to receive financial support and time with both of their parents. When reviewing issues related to children, the court must make decisions based on “the best interests of the child.”
This means that if the court believes that another person is better suited to take care of a mother’s child, they may revoke her parental rights. If a mother believes her rights are in jeopardy, she should contact a New Jersey mother’s rights attorney immediately.
Custody and Visitation
As both parents have equal rights to custody and support, a woman can assert that it is in “the best interests” of her child to live with her. An attorney could help a mother gather evidence to support her case. For example, a lawyer may look at how much time a father has spent with their children, compared to the mother.
The same standard applies to visitation rights. The parent of “primary residence” is the custodian while the parent of “alternate residence” gets visitation rights. What that schedule looks like includes a myriad of factors, but the focus is always on the children’s best interests.
Sometimes a woman may invoke the “tender years doctrine.” This concept holds that infants and toddlers should be solely in a mother’s custody until they are older. However, this presumption is changing.
Financial Support
Because every child has the right to financial support from both parents, a mother may demand child support from the father of her child. A court may determine the amount a mother should receive based on numerous factors, including the income of both parents. If a mother is having trouble receiving child support payments or the father is avoiding their financial obligation, she should seek the help of a skilled lawyer.
Potential Legal Issues for Unmarried and Single Mothers
If a mother has never been married to the father of her child, she still retains the same rights regarding custody, visitation, and support. Just like a divorce, all agreements regarding children must be filed with the court to protect those rights. A mother may not want an ex-boyfriend to have visitation, but if he is the father, those rights are his as well.
The only time a court may curtail or forbid custody or visitation is in the case of an “unfit” parent. Unfitness is challenging to prove and often involves evidence of substance abuse, physical violence, incarceration, or mental illness. Some mothers may want to protect their children from their fathers for various reasons. A court can limit access to the father if it is in the best interests of the children.
Finally, an unmarried woman may want to prove paternity if a man does not legally acknowledge their child. Once paternity is established, that child has a right to financial support from the father.
Learn How A New Jersey Mothers’ Rights Lawyer Can Help You
If you are a mother and you and your co-parent are divorcing or fighting over the rights and responsibilities that you have to your children, you should seek legal counsel immediately. A New Jersey mothers’ rights lawyer can become your legal advocate and offer you support in these stressful situations. Contact us for the legal support and advice you need in difficult times.
Fathers’ Rights
As a father, few things can be more frustrating than not being able to spend time with your children. If you are separating or divorced from the other parent of your children, you have rights regarding custody, visitation, and support. You may need an experienced legal advocate to help protect those rights, and our team of New Jersey fathers’ rights lawyers are ready to help.
If you are encountering roadblocks to asserting your rights, our experienced family attorneys could help you decide what your next steps should be. We could help you maintain your relationships with your children.
What are a Father’s Rights to Custody, Visitation, and Support?
The law does not discriminate against gender. This means that a father has the same rights and legal obligations to their child as a mother. An experienced New Jersey attorney can provide direction to a father trying to assert his rights over his children.
Child Custody
In some situations, fathers can be the “parent of alternate residence.” This means that the children physically reside with their mother, and she has primary physical custody. However, this is not always the case. Additionally, legal custody refers to decision-making authority, and generally, fathers have the right to joint legal custody, unless they are found to be an “unfit” parent. In a shared legal custody arrangement, a mother cannot decide about educational or medical needs without consulting the child’s father.
Typically, the terms of custody, visitation, and support are in a final judgment of divorce, which incorporates the Matrimonial Settlement Agreement and parenting plan. If a mother refuses to follow the parenting plan, an attorney can bring a motion to enforce a father’s rights. This holds for all aspects of custody, visitation, and support.
There may be instances where a mother has primary physical and legal custody, but she is not fit to take care of the children. If a mother becomes involved with substance abuse, for example, or displays signs of mental illness or instability, a father may wish to make a motion to get joint or sole physical and legal custody of his children.
Child Support
Many factors control the amount of child support a parent must pay, including the type of custody arrangements, the economic circumstances of both parents, and a variety of other considerations outlined in state law. A child’s right to financial support stands separate from visitation. Therefore, even if a mother unlawfully denies a father visitation, he cannot withhold child support.
As stated previously, if a mother violates a father’s right to custody or visitation, a New Jersey fathers’ rights lawyer can help him file a motion. A court can modify both custody and child support agreements upon a finding of “changed circumstances.” If a father loses his job or has a drastic drop in income, for example, a judge may modify the amount a father must pay or be entitled to receive.
Establishing or Refuting Paternity in New Jersey
To assert his rights, a father first must establish paternity. If a child is born when two parents are married, the law presumes the husband is the father. If paternity is in question, a father can acknowledge paternity by signing a Certificate of Parentage and filing it appropriately. If a man does not recognize that he is the father, a court may order DNA testing. This involves a mouth swab from the mother, child, and the putative father. Once paternity is established, the father may owe child support, but also may have rights to visit with their child. A New Jersey lawyer can help a father assert his rights by guiding him through the paternity process
Connect with a New Jersey Fathers’ Rights Attorney
Maintaining a relationship with your children after a separation can be challenging. You may feel overwhelmed and undermined in these efforts. Our New Jersey fathers’ rights lawyers can provide the vigorous advocacy you need. A father’s relationship with his child is crucial, and we can help you maintain yours with your son or daughter.
Grandparents’ Rights
If you are a grandparent in New Jersey and want to continue building that bond with your grandchildren after their parents’ divorce, you have specific legal rights to do so. A New Jersey grandparents’ rights lawyer can help you support your grandchildren’s best interests and stand up for your legal rights.
Issues around grandparent visitation or custody can get heated quickly. Emotions run high where children are concerned. An attorney with experience in grandparent rights can help you navigate these difficult circumstances to promote a healthy relationship with your grandchildren.
The Legal Rights of Grandparents in New Jersey
New Jersey Revised Statutes Section N.J.S.A. 9:2-7.1 gives grandparents the right to apply for visitation and even request custody of their grandchildren in certain circumstances. The court’s central focus in all cases involving children is what would be in the best interests of the child. The standard for custody is high and based on an abstract concept of determining whether the child is in an unfit situation.
Grandparents have the right to adopt their grandchildren and parents can voluntarily give up their parental rights, or a court can terminate those rights upon a showing of unfit parenting. It is important to note that if another person adopts a child, the biological grandparents may no longer maintain the right to request visitation. Knowledgeable legal counsel can assist in gathering the proof necessary in cases of grandparents’ right and visitation or custody.
A Grandparent’s Rights Could Include Visitation or Custody
The law in New Jersey sets out specific elements that grandparents will have to address when requesting visitation. A New Jersey judge will want to understand the relationship between the child and the applicant. They will also analyze the relationship between the parents and grandparents and review how visitation might affect these relationships or impact the time-sharing arrangement the child has with their parents.
Grandparents must act in good faith when requesting visitation and New Jersey courts will want to know of any history of physical or emotional abuse or neglect. Since these cases can be high conflict, the help of a skilled child visitation advisor could be invaluable.
Keep in mind that in these cases courts are trying to balance the rights of parents to raise their children the way they want with the benefit of a relationship with grandparents. The health, safety, and overall welfare of children is always the preeminent concern.
Custody Cases and Unfit Parental Behavior
For various reasons, grandparents may want to seek custody of their grandchildren. Although the overarching idea of the child’s best interest standard applies, grandparents must also prove the biological parents are unfit. Courts prefer that children remain in the custody of their parents, so showing that a parent is unfit requires substantial evidence of abuse or neglect.
Examples of circumstances where a parent would be unfit could include substance abuse, mental illness, incarceration, domestic violence, or physical or sexual abuse of the child. A New Jersey legal representative with experience in grandparents’ rights can advise about the type of evidence necessary to meet this high standard and help gather proof. Evidence could include documents such as medical records and police reports as well as testimonial evidence from witnesses and professionals.
Talk to a New Jersey Grandparents’ Rights Attorney to Connect with Your Grandchildren
It can be genuinely distressing when parents deny you access to your grandchildren. You deserve the opportunity to connect. Our team of experienced New Jersey grandparents’ rights lawyers are ready to step up and advocate for you.
If you find yourself in the unfortunate position of wondering about your grandchildren’s safety or physical and emotional welfare, you should consider talking to one of our experienced attorneys. For information about your rights as a grandparent, give us a call today.