When married and separating, child custody is relatively cut and dry, depending on the situation. Most parents opt for joint custody, unless one is deemed unfit. However, what happens when the parents are not married and deciding to separate? In New Jersey, determining child custody when parents are unmarried involves specific considerations and legal processes aimed at safeguarding the child’s best interests. Unlike married couples whose custody issues are typically addressed during divorce proceedings, unmarried parents must navigate custody arrangements through a distinct legal framework. Let’s discuss this today so you have a better understanding of what steps to take.
Key Takeaways
- In New Jersey, custody can be legal (decision-making authority) or physical (day-to-day care), awarded solely or jointly, depending on the child’s best interests.
- New Jersey courts prioritize factors like parental fitness, parent-child relationships, stability, history of care, child’s preference (if mature), and co-parenting ability when deciding custody.
- Custody decisions for unmarried parents hinge on the child’s best interests, not marital status or gender biases, requiring court intervention if agreements cannot be reached.
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What Forms of Custody Exist in New Jersey?
In New Jersey, there are two forms of custody that parents may receive: legal and physical. Here are some further details on each form of custody:
- Legal Custody: This refers to the right and responsibility to make major decisions regarding the child’s upbringing, including decisions about education, healthcare, and religious upbringing. Legal custody can be awarded solely to one parent (sole legal custody) or shared jointly between both parents (joint legal custody).
- Physical Custody: This determines where the child will live on a day-to-day basis. Physical custody can also be awarded solely to one parent (sole physical custody) or shared jointly between both parents (joint physical custody), depending on what is deemed to be in the child’s best interests.
What Factors are Considered by the Court When Deciding Child Custody in New Jersey?
When deciding child custody, New Jersey courts prioritize the best interests of the child. Several factors are considered to determine the most suitable custody arrangement, including:
- Parental Fitness: Each parent’s ability to provide for the child’s physical, emotional, and developmental needs.
- Parent-Child Relationship: The existing relationship between each parent and the child, including their involvement in the child’s daily life and activities.
- Stability and Continuity: Maintaining stability in the child’s home, school, and community environment.
- History of Care: Each parent’s history of caring for the child, including their role in making educational, medical, and other important decisions.
- Child’s Preference: Depending on the child’s age and maturity, their preference may be considered, though it’s not determinative.
- Co-Parenting Ability: The willingness and ability of each parent to cooperate and communicate effectively in matters concerning the child’s upbringing.
Who Receives Child Custody When the Parents Aren’t Married?
In New Jersey, the determination of child custody when parents are unmarried is guided by the principle of the child’s best interests, a standard aimed at ensuring the child’s welfare remains paramount. When unmarried parents find themselves unable to reach an agreement on custody arrangements, the family court steps in to make decisions that serve the child’s needs.
Unlike in the past, where marital status or gender might have influenced custody decisions, New Jersey law now mandates an impartial evaluation of several critical factors. These include each parent’s ability to provide for the child’s physical, emotional, and developmental needs. The court also examines the existing parent-child relationships, assessing the extent of each parent’s involvement in the child’s daily life and activities.
Stability and continuity are crucial considerations as well. The court seeks to maintain consistency in the child’s living environment, education, and community ties unless a change is deemed in the child’s best interests. Additionally, the history of care provided by each parent, including their role in making important decisions regarding the child’s upbringing, is scrutinized.
Furthermore, the child’s preferences may be considered, especially if they are mature enough to express a reasoned opinion. However, the court does not solely rely on this factor and may balance it against other considerations.
ZRE’s Vikki Ziegler Featured in NewsBreak Article
How Can a Family Law Attorney Help With Child Custody When the Parents Aren’t Married?
Due to child custody being an emotionally charged topic, it is highly recommended that parents seek the guidance of a legal representative to help pave the way towards a resolution. A family law attorney provides invaluable assistance by:
- Legal Experience and Knowledge: Offering expert guidance on New Jersey custody laws and the legal rights of unmarried parents.
- Negotiation: Assisting in negotiations to reach amicable custody agreements that consider the child’s best interests.
- Court Representation: Representing parents in court proceedings to advocate for favorable custody arrangements.
- Evidence Gathering: Gathering relevant evidence and presenting compelling arguments to support the client’s custody preferences.
- Ensuring Compliance: Ensuring that custody arrangements are fair and enforceable, protecting the client’s parental rights and promoting the child’s welfare.
Contact a New Jersey Family Law Attorney Today to Learn More
For personalized legal guidance on child custody matters when parents are unmarried, Ziegler Law Group, LLC is here to help. Our experienced family law attorneys in New Jersey are committed to protecting your parental rights and ensuring the best interests of your child are upheld. Contact us today at 973-533-1100 or fill out our online form to schedule a consultation and discuss your case confidentially. Let us provide you with the compassionate guidance and effective representation you deserve.
