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Family structures today are more varied and dynamic than ever before. While the path to parenthood may differ from one family to another, every parent deserves equal rights and a meaningful role in their child’s life. At O’Cathain Law Group Family Law Department, we recognize that legal systems do not always keep pace with modern realities, especially for unmarried parents. In New Jersey, an unmarried mother is initially recognized as the sole legal parent, but that does not mean the other parent has no rights. Establishing paternity and securing custody or parenting time requires additional legal steps, and our dedicated family law team is here to guide you through that process with clarity and care. Reach out to learn more about Hackensack custody for unmarried parents.
When a child is born to a married couple, both spouses are automatically recognized as the legal parents, granting them equal rights and responsibilities. However, when a Hackensack couple is not married, the father does not have legal parental rights until paternity is formally established, even if the couple is living together at the time of the child’s birth.
Establishing paternity is a crucial step for an unmarried father to gain equal rights in making decisions about the child’s care, custody, and upbringing. This becomes especially important if the parents separate, as it is the only legal pathway to secure parenting time, request or contribute to child support, and be recognized as an equal parent under the law.
Paternity can be established by signing a Certificate of Parentage at the hospital when the child is born or later through a court-ordered genetic test. Taking this step ensures the child has legal ties to both parents and that each parent’s role is protected and clearly defined.
New Jersey is a state that firmly believes both parents should have equal rights and responsibilities regarding child custody. Once paternity is established for an unmarried Hackensack couple, the parents can seek one of three types of custody:
In this type of custody agreement, both parents have the right to determine what is in the child’s best interests and have equal rights regarding the child’s health and education. However, this does not always mean the child will spend equal time with both parents. This will be most common if joint physical custody is not possible due to the parents living too far apart or one of them living in an unsafe environment for the child.
When parents share joint physical custody, they have equal rights and responsibilities when raising their child. This arrangement allows each parent significant, meaningful time with the child and ensures that major decisions are made jointly. Successful joint custody requires ongoing cooperation and communication, even if the parents do not always see eye to eye. While perfection is not expected, a willingness to collaborate in the child’s best interests is essential.
Sole custody of a child is not as common, but it can happen if one parent is deemed unfit to have rights to the child or is seen as a danger to the child. Violence, drug use, and other things can put the child at risk, and the courts may give full custody to the parent who is uninvolved in these types of activities, meaning that they do not have to share decision-making or care with the other parent.
Our Hackensack custody attorneys can help unmarried parents better understand their options.
Custody issues involving a child born outside of marriage can be complex, but they are navigable with the right legal guidance. Under New Jersey law, you can pursue custody and establish parental rights until your child turns 23, and in some cases, even longer, depending on specific circumstances. If you have questions about your rights or want to understand more about securing custody as an unmarried parent in Hackensack, our experienced family law team is here to help. Contact us today for a consultation and let us help you Move Forward.