Posted by Unknown | Aug 03, 2020 |
New Jersey family courts take a gender neutral stance when it comes to a parent's right to their children. This means that decisions pertaining to custody, visitation and child support are not based on whether a parent is male or female. Rather, it is based on objective factors such as the parent's gross income, their level of education and job skills, and their current relationship with the children. There is, however, a prevailing belief that the courts view mothers as better parents, since there is a long¬standing tradition of females being the main caretakers. It is understandable why people would feel this way, considering that women still put great pressure on themselves to be the perfect mother, even if they have busy careers. As a result, many women continue to take on the bulk of the child-rearing duties, even though many of their partners want to be more involved.
If you are a father who hasn't been as involved in taking care of your children as your wife, you may be worried about whether you can get a fair shake in court. You may wonder, for example, whether the judge will automatically give primary custody to your spouse. If you and your spouse do not get along, you may be worried about her turning the children against you (in the form of parental alienation), or moving far away without giving notice. However, New Jersey law does contain provisions for these, and many other circumstances related to parental rights. In addition, none of the laws apply only to the mother or father because they are meant to protect the rights of both parents, while doing what is in the best interest of the children.
The children's best interest is actually the most critical aspect of a custody and visitation plan. As a general rule, the courts believe that preserving the children's current way of life as much as possible is in their best interest. This means that if your spouse has taken on more or most of the childcare duties, then it may be in the children's best interest to live with her most of the time. This would not affect your legal custody, which pertains to your right to make decisions that affect your children's health and well-being. You also retain the right to have visitation, which typically includes overnight visits during the week. Furthermore, your spouse cannot prevent you from contacting your children via phone, email, etc., unless you are prohibited from doing so by court order. Your spouse is also forbidden from moving out of state with your children without written permission from you, or the court.
For a full explanation of your parental rights, please speak with the family law attorneys of Villani & DeLuca, P.C. Our attorneys have the trial experience to fight for your rights in court, whether you're just beginning the divorce process, or feel that gender bias played a part in your divorce judgement.