Legal Question in Family Law in New Jersey

single mom-to-be, parental rights

i am expewcting a baby in june 2002. i understand there are differences between legal and physical custody, and have been informed that because the father and i are not wed or cohabitating that he has no legal rights to this child. can you please inform me of the specific rights that each of us would have concerning physical and legal custody, as well as the laws concerning visitation. the current plan is that the child will reside me after birth, with the idea that he will share joint custody, to which i am opposed. he is also trying to force me to give this child his last name, will that make a difference?


Asked on 2/14/02, 11:10 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: single mom-to-be, parental rights

Your question cannot be answered based on the little bit of information that you have given, although I can say that his rights are equal to your rights at the outset. Ultimately, child custody decisions are based on the best interest of the children. New Jersey Courts now tend toward joint custody with one party being the Parent of Primary Residence and the other being the Parent of Alternate Residence. How the time is broken up and the relative responsibility of the parties is a very fact sensitive determination when contested by the parties. What your rights are cannot be determined without a very careful analysis of both of your situations. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob Gleaner

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Answered on 2/15/02, 9:43 am


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