Custody Laws for Unmarried Parents in New Jersey

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 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.

This article explains important considerations for unmarried parents who need to establish a child custody arrangement.

Establishing Parentage in New Jersey

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. This can either be through voluntary acknowledgment or a court-ordered DNA test.

Establishing parentage in New Jersey 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.

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.

Custody Laws for Unmarried Parents in New Jersey: The Basics

The table below provides a summary of custody laws for unmarried parents in New Jersey.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the New Jersey law(s) you are researching.

Determining Child Custody in New Jersey

In New Jersey, determining custody for unmarried parents follows the same standards as for married parents, focusing on the child's best interests. In a child custody case, the court will consider factors such as:

• The child's relationship with each parent
• The parents' ability to cooperate
• The child's adjustment to home, school, and community
• The child's developmental needs
• History of domestic violence, if any

There are two main types of custody: legal custody and physical custody. Legal custody grants a parent decision-making authority. Physical custody determines where the child will live. A New Jersey family court will award either sole custody or joint custody of a child.

A court order will specify whether both parents have legal custody (joint legal custody) or if one parent has physical custody (sole physical custody). In the case of sole physical custody, the other parent is referred to as the non-custodial parent. The non-custodial parent is usually awarded visitation rights. Ultimately, the goal is to ensure the custody arrangement supports the child's well-being.

Research the Law

• Official State Codes
• New Jersey Statutes and Constitution

Custody Law for Unmarried Parents in New Jersey: Related Resources

• New Jersey Child Custody Laws
• New Jersey Child Custody Forms and Process
• New Jersey Child Support Guidelines

Learn More About Custody Laws From a New Jersey Attorney

While child custody determinations all hinge on the child's best interests, there are special considerations for unmarried parents. This is especially true in cases where paternity hasn't yet been established. If you're involved in a custody dispute in the Garden State, your best option is to seek legal advice from an experienced New Jersey family law attorney.