Fathers’ Rights

The separation or divorce of parents often results in changes affecting the upbringing of their children. If you and the other parent of your child are considering parting ways, a host of family law issues can arise, ranging from establishing paternity to making arrangements for child custody and visitation, child support, and parental relocation. Family law issues can be ongoing for years. For example, there can be post-judgment modifications based on changes in circumstances following the entry of court orders. If you need help understanding your rights and responsibilities as a father, Bergen County fathers’ rights lawyer Howard B. Leopold can assist you. Leopold Law can guide residents of communities throughout Northern New Jersey who are seeking a family law attorney. We understand the emotional complexity of these situations and can sensitively advise you.

Under New Jersey law, fathers have rights with respect to their children, just as mothers do. Courts are to consider what is in the best interests of the child in determining matters involving child custody in divorce cases. A father also has rights if he is not married to the mother of his child.

New Jersey laws governing custody arrangements are not expressly based on gender. Many people believe that the laws have been applied in a manner that reflects gender bias because, historically, mothers have generally been more successful than fathers in achieving legal and physical custody of their children. Advocates of fathers’ rights have also expressed concern about occasional instances of fabricated domestic violence and child abuse allegations by mothers. Either parent may engage in this behavior in an effort to gain an advantage with regard to child custody and support. In other instances, mothers (as well as fathers) have sought to alienate the other parent from their children. This behavior can have damaging effects on family relationships in the long term. Fathers seeking to have an active role in the upbringing of their children now are better situated with respect to child custody and visitation than they used to be. However, it is still helpful to consult a fathers’ rights attorney who can advise Bergen County residents on how to protect their interests.

As part of their child custody rights, fathers can confront complex issues with respect to the raising of their children. These include making decisions concerning the education and religious upbringing of the children, which fall within an area known as legal custody. When the mother of a child is of a different faith from the father’s faith, there can be disagreements as to the type of school that a child will attend and whose religion the child will follow. If one parent is the primary custodial parent, courts have shown deference to that parent’s choice of religious education and upbringing, even when there is a joint custody arrangement in place. A non-custodial parent can, however, take the child to religious services in keeping with their faith and practices during their parenting time with the child. This is just an example of an area in which legal counsel can assist New Jersey fathers with protecting their rights.

Whether the parents of a child are working out arrangements together amicably or not, it is important that each of them understands their rights and responsibilities, as well as their role in their child’s upbringing in the near and distant future. If you have questions about your rights, call us at (201) 345-5907 for a free consultation with a child custody attorney or use our online form to schedule an appointment. Bergen County fathers’ rights attorney Howard B. Leopold can help you untangle the complexities of your situation. Leopold Law can guide people throughout Bergen, Passaic, Essex, and Hudson Counties, including in Hackensack, Englewood, Bergenfield, Cliffside Park, Dumont, Edgewater, Elmwood Park, Fair Lawn, Fairview, Fort Lee, Franklin Lakes, Lodi, Lyndhurst, Mahwah, New Milford, North Arlington, Oakland, Palisades Park, Paramus, Ramsey, Ridgefield, Garfield, Glen Rock, Saddle Brook, Teaneck, Tenafly, Hasbrouck Heights, Hillsdale, Little Ferry, Ridgefield Park, Ridgewood, River Edge, Rutherford, Wallington, Westwood, Wyckoff, Jersey City, Paterson, and Newark.