FAQ: What are my custody rights in New Jersey?

I always find this question interesting because as a lawyer, I take everything literally. Answering this question in the literal sense, the answer is often either 1) whatever the court order says or 2) you have the right to file a motion with the court. While the law grants you “rights” the rights are not really able to be exercised without going to court. That is, if you have never been to court before, you have little to no ability to really exercise your rights when it comes to a custody dispute. This is why our family courts are so busy in New Jersey. In order to really establish your rights and get an order to enforce them, you need to go to court. The court order should be as detailed as possible. This will establish your rights to the child.

Of course, you do have natural rights as a parent that the law recognizes. Practically speaking however, it can be impossible to enforce any rights without a court order. Thus, in my opinion, rights that cannot be enforced are not really rights at all. This is always why any changes to custody and parenting time should be set forth in a court order.

NJ Child Custody Lawyers