A father’s rights attorney has experience working on behalf of the father during a divorce. Experience is key to ensuring that a father’s rights are upheld in a divorce. Census.gov states that 1-in-6 custodial parents are fathers.
Men are at a disadvantage when seeking custody of their children.
The right father’s rights attorney will work on your behalf to remind the New Jersey court that gender is not supposed to have a bearing on a parent’s rights. Mom and dad are supposed to have equal rights and have an equal footing in a divorce.
The issue is, and it is an issue that is slowly being corrected, that men’s view of women being a caregiver is the reason why their rights are overlooked.
Your attorney should help you realize that you do have a right to be the caregiver.
And you can seek custody of your child.
NJ Custody Rights
You have custody and support rights under New Jersey law. By law, the most important thing for you to know is that:
- Courts can’t prefer mothers in custody disputes
The court has a legal obligation to be unbiased and not prefer a mother over a father in a divorce. Courts must do a thorough review of the facts and circumstances to determine a few things, including:
- Child’s needs
- Child’s best interests
Both parents’ circumstances must be reviewed by the court. If the mother travels for work often, the court may find that the father can provide a more stable living arrangement. It’s also important for an attorney to seek the custody arrangement that their client prefers.
Some parents do not want to be the custodial parent.
But a rights attorney should ask you what custody arrangement you prefer. The custodial parent, whether it is mom or dad, will be able to seek support.
NJ Support Rights
If you have full custody of your child, you’ll be able to seek support. Child support will be required to be paid by the father, in most cases, if they are the non-custodial parent. But, you must request to have child support from the mother of the child.
Your attorney should advise you of these rights.
An attorney only knows how to defend your rights when you communicate what it is you want. If you want to seek support, make it clear to your attorney from the start. He or she will discuss your situation with you and explain what you can expect.
It’s possible that you have a very slim chance of getting support.
If this is the case, and your lawyer knows your goals in a divorce, they’ll better be able to fight for areas where you have a better chance of success. For example, the lawyer may focus more on asset division than support rights.
Fathers also have financial rights in a divorce.
NJ Financial Rights
Males often don’t seek financial rights in a divorce. The issue is a complicated one. Men often feel like the breadwinner, or they don’t believe that they should seek financial rights. In all of these circumstances, it’s wrong for the father not to seek financial rights.
Courts cannot prefer wives to husbands.
You have a right to:
- Fair property division
Your father’s rights attorney may advise you to seek alimony from your wife. This is a circumstance that changes from divorce-to-divorce. If you make substantially more money than your wife, you’re not likely to get alimony.
If your wife makes a substantial amount more than you, the court may grant you alimony.
Property division falls under equitable distribution. What this means is that the court must provide a fair division of property between the two spouses. Your wife cannot ask for everything, nor can you ask for all property in a divorce.
The court will require you to divide your property equitably.
Tips for Remaining in Your Child’s Life
You have a right to remain in your child’s life barring any unusual circumstances. A few tips that can help you remain in your child’s life, include:
- Make it known you want to be in your child’s life. Shared or full custody is an option. Even visitation rights are better than nothing. Voice your desire to be a part of the child’s life.
- Make your schedule known to the court. If you’re too busy, it will be hard to prove that you deserve custody of a child. You may need to find ways to free up time in your life to get custody or visitation rights.
- Develop a relationship with the mother. This may be difficult, but if both you and the mother are on the same page, it will be much easier to remain a part of the child’s life.
If you’re a father and getting divorced, make sure that you seek the help of a father’s rights attorney that knows how to defend your rights.