It is not uncommon for fathers to assume that they do not have equal rights when it comes to child custody and visitation cases. Many people believe that Courts favor the mother, usually granting full custody or at least primary custody to her over the father. In New Jersey, however, the Courts treat mothers and fathers equally in custody battles. Recent amendments to the law, further solidify that parents should be treated equally and emphasize shared parenting when it comes to custody arrangements. If you’re wondering what parental rights you have, contact Rozin | Golinder Law at (732) 377-3367 for more information.
In 2026, an amendment to the law required the Court to prioritize the child’s safety when establishing custody. It also puts more emphasis on a child’s preference if they are of the age and maturity to be able to voice an opinion. How this plays out in real cases has yet to be seen, but there is certainly controversy surrounding the topic.
New Jersey law treats both parents equally when it comes to custody battles. However, recent 2026 amendments to N.J.S.A § 9:2-4 emphasize shared parenting and place the child’s safety as a top priority.
The law, S4510, which took effect on January 20, allows the Courts to take a child’s preference into consideration when it is age-appropriate (albeit being silent as to what that age is). While the law attempts to focus on what is in the best interests of the child, it now allows the Court to give more weight to what a child wants.
The New Jersey 2026 custody law reaffirms that, under most circumstances, it is in the best interest of the child to have frequent and continuing contact with both parents. The state had previously passed what is known as the “Good Dad Act,” which establishes a presumption of joint legal and physical custody in child custody matters.
If the parents of a child are not married at the time of a child’s conception, paternity is not presumed. A mother seeking child support or a father seeking custody rights must establish paternity in order for the Court to act. This is the first step in a child custody proceeding for an unmarried father is to establish paternity. Establishing paternity is not always straightforward and should be handled with the assistance of an experienced attorney.
When the parents of a child are married at the time of conception or within 300 days of the birth, there is an automatic presumption of paternity under New Jersey law. This means that it will be assumed that the husband is the natural father of the child unless there is clear and convincing evidence that another man is the biological father.
For fathers who were not married at the time the child was born or within 300 days, establishing paternity can be more challenging. One way to establish paternity is through voluntary acknowledgement, by signing a “Certificate of Paternity” (COP) or “Acknowledgement of Paternity” (AOP). Placing a name on a birth certificate is not enough. An AOP or COP is a legally binding document that can help ensure a father’s rights in NJ.
Another way to establish paternity rights in New Jersey for an unmarried father is to get a Court ordered DNA test. A DNA test can help to eliminate any doubts about paternity.
In New Jersey, there is both legal and physical custody. Legal custody refers to the rights of a parent to make major decisions on behalf of the child. This includes health and education decisions. Physical custody involves where the child resides. Both parents may have joint custody or the Court may grant one parent primary custody and allow parenting time for the non-custodial parent.
When it comes to custody arrangements, joint legal custody is almost always a certainty, as long as there is no distinct and serious reason as to why there should be sole legal custody. Joint legal custody enables both parents to share in decision-making for the child. The Court, however, can grant sole legal custody to one parent if the child’s health or well-being would be sacrificed by granting joint legal custody.
The Court will take several factors into consideration, including the parties’ ability to cooperate and communicate, the child’s needs and preferences, as well as whether there was a history of domestic abuse when making decisions about legal custody.
Physical custody refers to where a child lives and how much time there. In general, the Court wants to promote shared or joint physical custody. If it is in the best interests of the child, the Court more commonly establishes 50/50 physical custody between the parents, although each case is still fact specific and the Court will apply all factors when making a decision.
If the Court does not find that joint physical custody would be in the best interests of the child, it may award one parent primary physical custody while the non-custodial parent receives parenting time. It is important to note that fathers can be awarded primary custody if the Court finds that a child’s safety may be in jeopardy, such as in cases of neglect or abuse.
In cases where one parent receives primary physical custody of the child, the other parent may have visitation or parenting time rights. Parents can work together to establish a visitation schedule or the Court will establish one on behalf of the child. Visitation schedules should take into account things like school hours, holidays, work time, and other factors that may affect a child’s availability.
Fathers not only have rights when it comes to their children, but they also have responsibilities. In family law proceedings, a Court may order a father to pay child support. Typically, a non-custodial parent is ordered to pay child support to a parent with primary physical custody, although this is not always the case. When it comes to child support obligations for fathers in New Jersey, attorney consultation is always recommended.
In New Jersey, fathers have equal rights when it comes to the custody of their children, as long as it is in their best interest. Fighting for these rights, however, can be challenging without the help of a qualified attorney. The lawyers at Rozin | Golinder Law have extensive experience helping fathers protect their rights and get the time they deserve with their children. Contact our family law attorneys today to schedule a case evaluation at (732) 377-3367.
