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Under New Jersey state law, courts should remain unbiased toward either parent, regardless of gender, when making child custody and financial support decisions. Unfortunately, there are many instances in which a mother in New Jersey may need professional legal support to protect her rights in court.
A Livingston mother’s rights lawyer could serve as a critically important ally for those going through divorce, legal separation, or custody disputes involving their children. With guidance and support from our dedicated family attorneys, you could put yourself in a stronger position to assert your custody rights and obtain the financial support that you need.
If paternity has been established and there are no other extenuating circumstances, both parents have equal rights to physical and legal custody in New Jersey. In practice, the court will generally award primary physical custody to the party who serves as the main parental caretaker, citing the child’s “best interests” under state law.
However, a modern court will not automatically assume the child’s mom is the primary caretaker, nor will it rely on the old “tender years doctrine” that infants and toddlers should always stay with their mothers. If a mother in Livingston wants to pursue primary custody rights in court, it is recommended that she retain an assertive lawyer to demonstrate that such an arrangement would be in the child’s best interests.
Similarly, a mom who seeks child support from the other parent would need to prove her regular expenses to the court and demonstrate that the co-parent is capable of paying what she needs. A mother’s rights attorney in the community could help build a case for child support as well assist with legal proceedings for proving paternity.
Unlike with paternity, a mother has no legal obligation to prove that she is the biological parent of her child. However, this does not mean that moms are always granted custody or visitation rights regarding their children. If a court decides that a mother is “unfit” and that her influence would not be in the child’s best interests, the father or another guardian may be granted sole legal and physical custody.
Allegations of “unfitness” could stem from any of the following:
A persistent mother’s rights lawyer could challenge any of these allegations as grounds for denial of custody in Livingston. On the other hand, if a mother believes that her co-parent is unfit for custody, legal representation could also help petition for a denial of their child custody or visitation rights.
Courts in New Jersey generally try to preserve the important relationship between a mother and child during custody and support cases. However, you cannot take your maternal rights for granted during any family court proceeding, especially if you believe a co-parent or other family member may try to fight you in court.
Once retained, a Livingston mother’s rights lawyer could work tirelessly on your behalf to protect your rights and the best interests of your children. To schedule a consultation about your case, call our legal team today.