As a result of the Coronavirus pandemic, people are living in very uncertain times. Across the state of New Jersey, residents are under stay-at-home orders and self isolating. Many families are having difficulty adjusting, especially those who are families of divorce. This is especially so when parents split custody of their children, leading to questions regarding the rights of each parent during this time. Continue reading to learn more and retain the services of an experienced New Jersey family law attorney to protect your rights.
What are Father’s Rights?
When a couple goes through a divorce, both parents have their own rights and responsibilities to their child throughout their upbringing. This can include the following:
- The right to custody. This can include physical custody, legal custody, or both. Fathers who have physical custody are the parent the child lives and spends most of their time with. Legal custody allows fathers to have influence over important decisions made in the child’s life.
- The right to visitation. Even if a father does not have custody, they still have visitation rights. Parenting plans can be set up in a variety of ways that allow both parents to see their child.
- The right to support. New Jersey requires both parents to financially support their child. This is done by mandatory child support payments made from the non-custodial parent to the custodial parent until the court terminates them.
Are these Rights Valid During Coronavirus Times?
While the current circumstances of the nation are unprecedented, it is important to know that a parent’s rights and responsibilities are still applicable during this time. Even if one parent wishes to change the way they wish to handle their custody or visitation agreements, they are not able to do so on their own. For example, they cannot refuse visitation with the child’s father due to fear of exposure. Parents are still required to follow the orders that are put in place by the court after the divorce. If they wish to change these arrangements, a parent must request a modification with the court. Until a modification is approved, a father still has all the same rights that are given to them in their divorce settlement.
It is important to know that this also applies to child support payments. While we are living in difficult financial times, fathers who owe child support must continue to make their payments. Modifications can be made in these situations as well to adjust the amount of frequency of the payments to better suit their current circumstances.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.