Experienced Guidance On Child Support And Custody For Unmarried Couples Who Are Living Separate And Apart
Unique issues can arise for unmarried parents in New Jersey when it comes to child custody and child support. When navigating such matters, you deserve legal representation tailored to your needs. Turn to Somerville-based Katherine K. Wagner, Attorney at Law. Ms. Wagner understands the legal complexities related to custody for unmarried couples. Put her knowledge and supportive approach in your corner.
What Are The Rights Of Unwed Parents In New Jersey?
In New Jersey, unmarried parents who are living separate and apart, generally have the same rights as married parents who are divorcing when it comes to child custody and support. This includes the ability to seek custody and the right for custodial parents to pursue child support. However, while married couples generally address these issues in divorce proceedings, unmarried couples typically need to pursue a nondissolution (denoted by the court as an FD) case instead.
What Is An FD Case?
An FD case, or nondissolution case, is a legal proceeding that unmarried couples, who are living separate and apart, can use to seek resolutions to child custody, child support and similar issues. This process varies greatly from divorce. One key difference is that FD cases start as summary actions, which are very different from conventional court proceedings.
Do You Need A Lawyer For An FD Case?
While not mandatory, having a lawyer represent you in a nondissolution case can be very beneficial. These proceedings can be complex and are not as common as divorce cases. A skilled family law attorney for unmarried parents can help you understand your options, ensure your case gets the attention it deserves and advocate for your rights. With over 25 years of legal experience, Ms. Wagner is ready to provide you with the trusted support you need when it comes to these proceedings.
Protecting Your Rights In Paternity Matters
Paternity issues are another challenge unmarried couples can face in family law cases. For married couples, both partners are presumed to be a child’s parents. For unmarried couples, however, this presumption typically applies only to the mother.
Given this, establishing paternity is crucial for unmarried fathers seeking custody rights. The two main ways to establish paternity are through a certificate of parentage (signed by both parents) or a court order for DNA paternity testing. If a father has any doubts that he is the father of a child, it should be determined via DNA testing. If not, he may end up paying support for many years for a child that is not his biologically. Furthermore, if paternity testing is not done when the child is very young, the court may later deny the father from DNA paternity testing, if doing so would cause emotional harm to a child who has always considered him to be his or her father.
Ms. Wagner can answer your questions on unwed fathers’ rights and guide you on your options when it comes to paternity.
Unmarried Parents: Who Gets Child Custody?
Custody for unmarried couples is determined by the same standards used for married couples, who are divorcing. Specifically, legal custody and parenting time/visitation are determined in a way that serves the child’s best interests. This determination can range from both parents sharing equal rights to one parent having sole rights.
Many factors are considered in determining what is best for the child, including past involvement with the child, odd work shift hours and the safety and security of a home one can provide for the child. Ms. Wagner has extensive experience standing up for the child custody rights of unmarried parents.
Addressing Child Support Issues
When calculating child support, the same general guidelines apply whether the parents were married or not. Ms. Wagner can help you navigate these rules.
Reach Out To A Trusted Somerville Unmarried Couples’ Rights Attorney Today
Custody and child support matters can be daunting for unmarried parents who do not live together. Find the right way forward with trusted, experienced guidance. Connect with Ms. Wagner today by sending an email or calling 908-526-0099.