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A Mother’s Rights In New Jersey Divorces

Going through divorce is a hard and challenging situation for everyone involved. For mothers, their lives are changing and at times, so are their roles as primary caregiver for their children. Of course, in some cases, the father has been the primary caregiver, but in many instances that role has been given to the mother.

Were you the parent who read your child to sleep each night? Did you go to each doctor's appointment, ballet recital, T-ball game, and parent conference? Did you sit up each night that your child was sick with a fever? In short, were you the primary caregiver of your child for the duration of your marriage? If you are planning to try to keep that role once the divorce is finalized, it is imperative that you learn about the custody laws in New Jersey.

As a parent, you also want to try and protect your children from the tense emotions that go hand in hand with a divorce. You, as a mother, would want to try and keep their lives as commonplace and as close to the status quo as possible, and so, if you were the primary caregiver before the divorce, it is natural that you would seek to retain that position after you and your spouse are no longer married.

Custody Laws In New Jersey

girl holding moms hand

Courts in New Jersey that specialize in family law will attempt to decide what is in the child's best interests when establishing custody of the child or children. The age of the children will be taken into consideration, the home environment that would be provided by each parent and how each parent could provide and care for the children will also be considered. If the child is old enough, he or she will be asked what his or her wishes are in relation to which parent should have primary residential custody. In New Jersey, a child must typically be ten years old in order to have his or her say taken into account. If your child is under ten years old, he or she may express an opinion or feeling on the subject, but the court, in most instances will not give it much weight.

New Jersey works to ensure that both parents have what is called “frequent and continuing” contact with their minor age children. In the past, it was believed that children younger than thirteen would have their best interests met by living with their mother, that is not always the case in this day and age. If you as a mother feel that your child or children belong with you, in your care on a daily basis, then it is up to you to retain counsel who can make that argument in a family court and protect your rights as a mother.

How To Ensure Your Rights As A Mother

girl holding sign my parents are divorced

In order to make sure your rights as a mother are protected, you need to speak with an attorney who can help you organize your case. You will need to be able to articulate to the court the role you played in the daily upbringing and caregiving of your child, as well as their father's involvement. You should also be ready to discuss your ex-husband's work schedule and whether or not it made it difficult for him to be attentive and involved in your child's educational or extra-curricular activities. You have to show that being the parent of primary residence is in the best interest not just for you, but that it is in the best interest of your children for you to be the primary caregiver. In short, you have to show the Family Court in New Jersey that the best place for your child on a daily basis is with the mother.

Call A New Jersey Mother's Rights Lawyer From Villani & DeLuca, P.C.!

If you are a mother seeking to be named the parent of primary residence or the sole custodian of your child or children, you need to seek experienced legal advice as soon as possible. You need someone to assist you as your make your case for custody in the family courts. You need to be prepared with the evidence the court will require in order to be awarded the primary custody of your children. Call Villani & DeLuca, P.C. today. We have experienced attorneys waiting to assist you through this difficult process and who will work hard to protect you and your children.


Villani & DeLuca, P.C. serves the Ocean and Monmouth County areas of New Jersey. Call 732-965-3404 for help. Contact us today—assistance is just a phone call away!

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 965-3404 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.

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Rt. 35 South
Point Pleasant Beach, NJ 08742
(732) 965-3404
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