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.
#1
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.
#2
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.
#3
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.
#4
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.