When parents are married, they are on equal footing when it comes to their children. This means they are automatically entitled to the same rights and responsibilities involved in caring for their child. However, this can drastically change during a divorce. Please continue reading to learn what rights a custodial parent has in New Jersey and how our competent Edison Family Lawyers can assist you during these difficult times.
What is a Custodial Parent?
A custodial parent is the parent who has primary custody of a child after a divorce. In New Jersey, there are two forms of custody: physical and legal. A custodial parent is granted physical custody of the children, meaning they provide care to the child most of the time. The non-custodial may be awarded custody on weekends or for some time during the year or could receive visitation rights. The term “non-custodial parent” can be misleading. Many believe that this parent has lost custody of their child, which may be true in some cases, but usually isn’t the case.
Generally, both parents are involved in the child’s life in some capacity, even if one parent has primary physical custody. It’s important to note that a custodial parent may be granted sole legal custody of the child or those rights could be split depending on the unique circumstances of your case.
What Are My Rights as a Custodial Parent in NJ?
As a custodial parent in New Jersey, you are afforded several rights regarding your child. First, you have the right to receive child support payments from the non-custodial parent. This is because both parents have a legal obligation to financially support their children until they reach the age of emancipation. Child support covers the cost of a child’s basic needs, as well as other expenses related to their upbringing.
In addition, you have the right to make decisions about your child’s care on a day-to-day basis. This includes their education, healthcare, extracurricular activities, and religion. If you are awarded sole legal custody, you don’t need to consult the non-custodial parent for approval before making these decisions. However, if you are awarded joint legal custody, you must discuss any major decisions that affect the child’s life with the non-custodial parent.
As the custodial parent you also have the right to decide where the child resides. Unless your custody agreement states otherwise, you can choose to move anywhere within the state without having to get permission from the non-custodial parent. Nevertheless, you might need to request approval from the court before relocating with your child.
As you can see, you are entitled to various rights as a custodial parent. If you have any questions about your parental rights or responsibilities following a divorce, please don’t hesitate to contact a knowledgeable attorney from Arndt, Sutak, & Miceli, LLC.
