{"id":374947,"date":"2018-05-31T11:37:00","date_gmt":"2018-05-31T16:37:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/custody-laws-for-unmarried-parents-in-new-jersey.html"},"modified":"2025-06-18T15:37:12","modified_gmt":"2025-06-18T20:37:12","slug":"custody-laws-for-unmarried-parents-in-new-jersey","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/custody-laws-for-unmarried-parents-in-new-jersey.html","title":{"rendered":"Custody Laws for Unmarried Parents in New Jersey"},"content":{"rendered":"\n
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Custody Laws for Unmarried Parents in New Jersey<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For single parents living in New Jersey, determining child custody is a little different from that of those going through a divorce. Assuming it’s in your child’s best interests, the local courts can formalize a custody arrangement<\/a> and make sure you have adequate parenting time with your child. You’ll need to initiate the process yourself, preferably with the cooperation of your child’s other parent.<\/p>\r\n

This article explains important considerations for unmarried parents who need to establish a child custody arrangement.<\/p>\r\n

Establishing Parentage in New Jersey<\/b><\/h2>\r\n

When a child is born to married parents, the mother’s spouse is presumed to be the other parent. Similarly, someone who has adopted a child is considered the child’s legal parent. For unmarried biological parents, any custody or visitation awards pertaining to the child require the establishment of paternity<\/a>. This can either be through voluntary acknowledgment or a court-ordered DNA test.<\/p>\r\n

Establishing parentage in New Jersey<\/a> involves several methods depending on the circumstances. For married parents, the husband is presumed to be the father, and his name is typically included on the birth certificate. Unmarried couples, however, must take additional steps.<\/p>\r\n

An unmarried father can establish parental rights by signing an Acknowledgement of Paternity form jointly with the mother or through a court order. If there’s a dispute over paternity, a paternity test may be ordered to determine biological fatherhood. Unmarried mothers automatically have parental rights, but establishing paternity is crucial for fathers seeking legal recognition and responsibilities.<\/p>\r\n

Custody Laws for Unmarried Parents in New Jersey: The Basics<\/b><\/h2>\r\n

The table below provides a summary of custody laws for unmarried parents in New Jersey.<\/p>\r\n\r\n

New Jersey Child Custody Statutes<\/b><\/p>\r\n<\/th>\r\n

How To Establish Paternity in New Jersey<\/b><\/p>\r\n<\/th>\r\n

In order for the father to seek custody<\/b> of and visitation<\/b> with his child, paternity must be established<\/b>. <\/b>This allows the creation of a support order, obtaining employer-subsidized health care for the child, and protecting the child’s rights to death benefits.<\/p>\r\n

This may be done in a couple of different ways, depending on the circumstances:<\/p>\r\n

Voluntary Acknowledgment<\/b><\/i><\/p>\r\n

New Jersey Family Law Forms\/Resources for Unmarried Parents<\/b><\/p>\r\n<\/th>\r\n

Family Law Forms\/Resources for Unmarried Parents<\/b><\/p>\r\n