What are a Father’s Rights in a Divorce Case?

Divorces are difficult for anyone, especially a parent. The process determines the future of their life with their children. This includes establishing child custody, child support, and parenting time. Sometimes, parents are able to settle these arrangements on their own terms. Other times, they may need the assistance of a judge to do so for them. When facing a divorce through litigation, it is important for a parent to know their rights.

The Right to Custody

One of the most important parts of divorce proceedings is a custody agreement. In New Jersey, parents can obtain physical custody, legal custody, or even both. If a father is given physical custody of their child, it means the child lives and spends most of their time with them. This comes with certain responsibilities to ensure the child has a stable upbringing. If they are awarded legal custody, it means the father has a say in the important decisions that are made throughout the child’s life. If the father only obtains legal custody, it means they may not see the child as much as the custodial parent. However, they do have the right to be involved in the child’s life as well. 

The Right to Visitation

With custody determinations comes the matter of parenting time. Once a custody decision is made, parents must establish the amount of time they get to each spend with their child. Generally, as long as it is in the child’s best interest, courts want both parents to be involved in their life. There are many different types of parenting schedules that allow parent visitation. Even if a mother has primary custody, it is important to know that a father still has the right to visit their child and have parenting time. However, this right can be taken away from a parent if they commit violent crimes or sexual assault. 

The Right to Support

In the state of New Jersey, both parents of a child are required to financially support them. When a parent does not have physical custody of their child, they are obligated to pay child support. Child support is payments that are made from the non-custodial parent to the custodial parent in order to continue this financial assistance until their child reaches the age of emancipation and can support themselves. These payments exist to balance out the cost of living for a child so that it is not only on the shoulders of one parent. The amount that is owed in these payments is determined by the New Jersey Child Support Guidelines. This calculates a fair amount based upon the family’s financial standings.

Contact our Firm

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.