When a couple gets a divorce and children are involved, the father’s rights are often in question. In years past, the mother may have automatically received custody of the children, but that is not always the case anymore. Fortunately for dedicated family men who are facing divorce, there are supportive family law attorneys who focus on the rights of the father, and work to win custody, child support, paternity, and visitation – and fight false allegation cases. In New Jersey, the law is gender neutral, which means both the father and the mother have equal rights in regards to their children.
If you feel you have not been given proper consideration of your rights because you are a father, you need to consult with a lawyer for fathers. Fathers’ rights are still sometimes overlooked in the legal system, so it is not out of the ordinary to have concerns pertaining to visitation, child support or custody of your children during the separation or divorce process. As a father, you need to enforce fathers’ divorce rights by having legal counsel that will stand up for you and help you have access to your children.
Fathers rights in a divorce are often misunderstood
When it comes to child custody and support, fathers’ rights are the same as mothers’ right, and include access to:
- Sole legal custody
- Joint legal custody
- Sole physical custody
- Joint physical custody
- Visitation rights
- Child support
If you already have a custody and support arrangement in place, a father might be able to revisit a support or custody decision. Just because a divorce is final and a custody plan is in place doesn’t mean it is set in stone. Things can change and require the custody issue to be revisited because you are moving, you got a new job, your income increased or decreased, you want more time with your children, or other valid reasons. If you have become concerned about the current custody plan, you can request a revised custody decree. To find out your options when consulting with a lawyer, you should be straightforward and truthful, explaining the situation in detail. You need to give full consideration to the child’s needs and best interests while addressing your own concerns.
Issues surrounding fathers rights in a divorce
Whether you are seeking custody of your child or you want to revisit an existing custody order, fathers’ rights need to be given complete consideration in the court system. Fathers’ rights in a divorce can be extensive and cover several different legal issues. When you meet with your attorney, you should be honest and candid in regards to the role you want to play in your child’s custody, upbringing and life.
Some of the major issues that arise during fathers’ rights cases involve:
- Questions in regard to paternity
- Recalculations of child support orders
- Needing to structure a parenting plan
- Seeking custody of your children
- Asking for termination of the parental rights of the mother
- Wishing to adopt a step-child
- Concerns regarding the mother moving out of state with the child
- Wanting to move out of state with a child
- False claims of abuse or neglect
- False claims of paternity
Regardless of the custody matter, a lawyer for fathers can make a difference in the outcome of your case. If you believe you are the right choice for primary custody, you need to consult with legal counsel who will develop a plan and come up with a persuasive argument based on the information you can provide in regards to the matter. Fathers have equal rights, so make sure you exercise those rights and get to play a major role in your child’s upbringing.
You deserve to have say in education, religion and other aspects of the child’s upbringing. Consult with a lawyer for fathers so you can strengthen your court appearance and increase your odds of winning your case.