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How Fathers Can Protect Their Rights in Divorce

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Jun 28, 2023

How Fathers Can Protect Their Rights in Divorce

Are You a Father? Protect Your Rights in Divorce Proceedings

Divorce, undoubtedly, is a challenging and emotionally charged process for all parties involved, including fathers. During this difficult time, fathers must understand their rights and take proactive steps to protect their parental rights. Fathers can navigate the divorce process by being informed, prepared, and actively involved while ensuring their ongoing relationship with their children.

But first, let us discuss a few common questions fathers have regarding their divorce in New Jersey.


Generally, most people think there is a bias toward the mother and that she will take all. However, contrary to popular belief in New Jersey, the truth is that marital divorce rights start equally. The wife is not favored as thought. Both parents have an equal chance to win custody of their child or children.

The bottom line is that the courts will view all the circumstances and make an unbiased decision based on the child’s best interest.


As a father, you must be prepared and show evidence that you should be granted primary custody or have a considerable share in the weekly custody agreement.


Yes, such a thing as the “tender years doctrine” does exist. When a child is very young and still needs a significant amount of time with their mother, the court will factor a father’s custody into it.


So, what happens if your wife wants to move out of state? She must file a motion to request the court’s approval. In this case, it must be justified and proven there is good faith in the move. The child must not suffer in any way. In addition, if the court approves the move, the father may be given a proposed alternative to the parenting time.

Strategies and Actions Fathers Can Take to Safeguard Their Rights During a Divorce

Understand Your Legal Rights

To protect fathers’ rights effectively, a father must familiarize themselves with their legal rights and obligations regarding child custody, visitation, and support. Consulting with a knowledgeable family law attorney is highly recommended to gain a clear understanding of the laws in their jurisdiction. Understanding the legal framework will enable fathers to make informed decisions and advocate for their rights effectively.

Prioritize the Best Interests of the Children

Family courts primarily focus on the children’s best interests when determining custody and visitation arrangements. Fathers must demonstrate their commitment to their children’s well-being by actively participating in their lives, maintaining a stable environment, and providing emotional and financial support. Fathers can strengthen their case for shared custody or visitation rights by prioritizing their children’s interests and welfare.

Keep Detailed Records

Maintaining accurate and comprehensive records of interactions with children and the other parent is essential during a divorce. Fathers must document visitation schedules, communication, expenses related to the children, and any incidents that may affect the children’s well-being. These records can serve as valuable evidence in court, demonstrating a father’s involvement and dedication to his children.

Establish a Co-Parenting Plan

Developing a well-thought-out co-parenting plan with the other parent is crucial for maintaining a healthy and stable relationship with the children. This plan should outline visitation schedules, decision-making responsibilities, and methods of communication. By actively participating in creating a fair and reasonable co-parenting plan, fathers can demonstrate their commitment to working cooperatively for the children’s benefit.

Maintain a Respectful Communication Channel

Effective communication with the other parent is vital for co-parenting success. Fathers should strive to maintain a respectful and constructive dialogue with the other parent, keeping discussions focused on the children’s needs and avoiding unnecessary conflict. Documenting all communications and using technology platforms designed for co-parenting communication can help ensure a record of respectful and timely interactions.

Actively Participate in Your Children’s Lives

Consistent and meaningful involvement in children’s lives is critical to solid parental rights. Fathers should actively participate in their children’s activities, attend school functions, and be present for important milestones. Demonstrating a history of active involvement can influence custody determinations and showcase a father’s commitment to nurturing a loving relationship with his children.

Seek Mediation or Collaborative Divorce

Instead of resorting to litigation, fathers can consider mediation or collaborative divorce processes. These alternative methods allow parents to negotiate and find mutually acceptable solutions while minimizing conflict and protecting their parental rights. Mediation or collaborative divorce can be less adversarial, reduce stress for the entire family, and prioritize the children’s well-being.

Are You a Father Concerned About Your Parental Rights During Divorce?

When working with an expert divorce attorney, a father can significantly increase their chances of securing fair custody and visitation arrangements. A reputable divorce lawyer will implement the right strategies and proactive approach to safeguard the father and his interests.

If you are a father going through a divorce and are concerned about your parental rights, please get in touch with the family law practice, Dalena & Bosch. We are here to represent you fully and in the best way possible. Trust in Dalena & Bosh today.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019