Do NJ Courts Make Custody Decisions Before Children are Born?

With a baby’s due date quickly approaching, many parents in New Jersey have concerns regarding custody of their unborn child. It is understandable to wonder about your rights and how to proceed. Although New Jersey law does not make allowances for establishing prenatal custody, some steps can be taken to begin the process before the baby is born.

Pre-Birth Custody Planning Options and Strategies

Before any custody decisions are even discussed, paternity must be established.  This can be accomplished through various means:  the presumed father can voluntarily accept paternity and place their name on the child’s birth certificate  (known as voluntary acknowledgment), a DNA test can be conducted before or after the baby is born, or the court may order a DNA test if the proposed father refuses to submit their DNA. The father, once paternity is voluntarily acknowledged or is proven through DNA testing, usually has the right to visitation. Keep in mind, however, no custody determinations can be made until after the child is born.

The parents can get a head start by creating an agreed-upon custody plan before the baby is born.  It can include custody, parenting time, and child support.  It will not be binding until the court approves it, but it can be submitted before the baby is born.  Judges do not always agree with everything the parents propose, but having an outline of what is potentially possible can be a stress reliever for everyone involved.  Judges look positively at parents who act proactively concerning child custody.

One of the advantages of submitting a pre-birth custody agreement is that it will be settled soon after the birth of the child rather than beginning the entire process after the birth.  This is especially essential when there are concerns that one parent will move far away from the other and take the child.  A custody modification must occur in family court if a parent wants to move.

What Happens with Custody After a Child is Born in NJ?

When a married couple has a baby, the law assumes they are the parents unless otherwise demonstrated by a DNA test.  When the parents are unmarried, the mother is granted sole legal and physical custody of the baby unless a custody arrangement is made. There are two main categories of custody in New Jersey: legal and physical. Legal custody gives parents the power to make important decisions about the child, such as where they will go to school, what religion they will practice, and the healthcare they will receive.  It also allows parents to request or have access to their child’s medical records.  Legal custody can be sole (one parent) or joint (both parents).  Usually, the parent with whom the child resides makes the day-to-day decisions without the other parent’s input.

There are three classifications of physical custody.  Parents granted sole physical custody usually have the child with them, except for no more than two overnight visits with the other parent per week and alternating holidays.  In joint physical custody, there is a residential parent, and the child has visitation with the NRP (non-residential parent).  Shared physical custody comprises a visitation schedule that is as close to 50/50 as possible.  This would look like alternating weeks or groups of days, such as Mom 3 days, Dad 4 days, Mom 4 days, Dad 3 days.

What Influences Post-Birth Custody Determinations?

The courts use a list of factors known as the child’s best interests to prioritize the child’s well-being.  When developing a custody plan, the level of communication and cooperation between the parents is an integral part of the decisions made by the court. The court also looks at the parents’ stability, including employment, housing, transportation, age, and mental and physical health.  The number and ages of the children are taken into account.  The court frequently considers children old enough to express their wishes regarding custody as part of the decision-making process. Domestic violence or substance abuse issues will affect the court’s decision.  Also, the parent’s proximity may be another factor when choosing which custody plan is best suited.

Parents who can come to mutual agreements are flexible and courteous, creating the best environment for their child and custody arrangements. Couples who have conflicts and require counseling, mediation, or other third-party intervention are more complicated. Unfortunately, not all parents can agree, especially when domestic violence, substance abuse, and parental fitness are concerned. A parent can be determined as “unfit” when they are unable to provide a safe environment for the child.  They may be deemed unfit if the child is at risk of physical, mental, or emotional harm.  A parent with mental illness, addiction, or anger management problems could lose their custodial rights.

Legal protections such as restraining orders and supervised visits can also protect the parent and child from further harm.  The rules apply to fathers and mothers and sometimes include them both.  If the parents are unfit, a close relative, such as a grandparent, will often care for the child as the court may direct.

Get Personalized Family Law Solutions Before Your Child is Born in New Jersey

Whether you are an unmarried mother or father, you have parental rights that no one can take away as long as you are deemed a fit parent.  At Bronzino Law Firm, we are dedicated to advocating for and protecting your rights to custody and visitation.  We can negotiate fair parenting time or challenge unfair decisions made because of inaccurate allegations that could directly affect child custody. Our experienced family law attorneys provide our clients with strategies that are unique to their situation.  Everyone’s circumstances differ, and we are prepared to help you navigate the complex court procedures of family law.

Our personalized approach gives you the confidence that your case is handled with precision. If you have questions about your child’s custody and want to proceed with confidence before and after your child is born in Toms River, Brick, Lakewood, Jackson, Manchester, Berkeley, Middletown, Howell, Marlboro, Manalapan, Freehold, Long Branch, or elsewhere in Ocean and Monmouth County, call us today at (732) 812-3102  or reach us online. A member of our team is pleased to provide you with a free consultation and to address your specific questions and concerns regarding pre and post-birth custody.