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As a father, the last thing you may want is for your divorce from your spouse to sever the strong, positive relationship you have with your child. So it is terrifying to think about a situation in which the New Jersey family court denies you of any custody or visitation. This is why a tireless fight for your rights is pivotal. Follow along to find out how to protect your rights as a father in a divorce and how a proficient Bergen County child custody attorney at McNerney & McAuliffe can fight on your behalf.

As a father, how do I protect my rights in a divorce?

It is often assumed that courts tend to make custody orders that work in the favor of the mother. However, this concept does not apply in this day in age. Now, mothers and fathers have equal rights to custody under the law. In other words, custody decisions must be gender-neutral.

So, you may rest assured knowing that the New Jersey family court holds the belief that a child benefits from having the presence of both their parents in their life. In other words, more often than not, the court will grant a father with some capacity of custody or visitation. This is so long as a father expresses the desire to accept this responsibility. Plus, this is so long as the court has no reason to believe that a father is parentally unfit; whether it comes to a history of substance abuse, instances of child abuse or abandonment, or otherwise.

What factors does the New Jersey family court consider in a father’s custody rights?

To reemphasize, the New Jersey family court will base their custody decision on what is in the best interest of the child. With this, it will give you and your child’s mother equal consideration for custody rights.┬áTherefore, your divorce proceedings are your opportunity to prove that your physical and emotional presence is the best thing for your child. You may prove this point in the following ways:

  • You may show that you and your child’s mother can amicably work together for matters concerning your child.
  • You may show that you are willing to amicably share parenting time with your child’s mother.
  • You may show that you are willing to live in close geographical proximity to your child’s mother.
  • You may show that you can physically, emotionally, and financially support your child’s educational, medical, and special needs.
  • You may show that you can offer your child a safe and stable home environment.
  • You may show that you shared extensive quality time with your child before your separation from their mother.

You cannot take any chances when it comes to your child custody proceedings. So please retain the services of a talented Bergen County family law attorney from McNerney & McAuliffe as soon as you can.

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