Experienced Family Lawyers Protect Fathers’ Rights
What are a fathers’ rights regarding child-rearing? How is paternity determined? What are fathers’ rights before the birth of a child? These questions often arise in circumstances of divorce, child custody, adoption, and other family situations. They are increasingly common as a greater number of fathers assume a more active parenting role, particularly in dual-income earning families. If you have questions about your rights as a father, we can help. With decades of experience, the New Jersey family lawyers at Lomurro Law are your strongest advocates.
Parental Leave
The federal Family and Medical Leave Act (FMLA) allows certain employees to take twelve weeks of unpaid leave when a child is born or adopted. The state of New Jersey also offers a second law, the New Jersey Paid Family Leave, which provides partial income replacement for a period of six weeks for both parents to bond with the baby.
What Are A Fathers’ Rights With Regard To Family Planning?
A fathers’ rights concerning family planning vary based on the situation:
- In cases where one parent is considering putting a child up for adoption, the father of the child has the legal right to object and petition for custody
- Expectant fathers who do not want a pregnancy carried to term may still be held responsible for child support after the child is born
- Fathers who oppose terminating a pregnancy have no legal right to prevent the termination
Abortion, adoption, and child-rearing are important issues that have long-lasting implications for all involved. The issue of fathers’ rights in these situations is controversial.
Fathers’ Rights And Child Custody
Biological parents, regardless of whether they are married at the time the child is born, have equal rights in pursuing child custody and parenting time. When considering child custody, the New Jersey courts are guided by what is deemed to be in the best interests of the child when deciding disputes or cases involving unmarried fathers. Generally speaking, unless evidence is shown to the contrary, it is presumed that shared custody is in the child’s best interests, with both parents sharing in decision-making for the child as well as sharing equal parenting time.
Determining Paternity
If a father is not married to the mother when his child is born, in order to receive fathers’ rights, he must first legally establish paternity. In many cases, this amounts to both parents filing an acknowledgment of paternity that is filed with the court or a state agency. This may be done when the child is born or afterward. When paternity is disputed, DNA will be used to determine if the man in question is the biological father. After establishing paternity, the father may then pursue fathers’ rights such as child custody or child visitation.
Our New Jersey Father’s Rights Lawyers Advocate On Your Behalf
Fathers fighting for their legal rights to child custody and parenting time with their child may feel it is an uphill battle with the odds stacked against them. The New Jersey family lawyers at [Lomurro Law in Monmouth County are here to help. With more than 130 years of combined experience, we have a track record of success in helping New Jersey families obtain the most favorable outcomes in child custody, visitation, child support, and other family law cases. Schedule a consultation with a member of our team to discuss your situation. We can be reached at 732-482-9285 or online and have our main office in Freehold.