You have rights as a parent, and they still apply even if you get a divorce. You and your ex need to cooperate, share parenting time, and share big decisions. If you think that your rights as a parent are being ignored or that your divorce agreement is being violated, you need to take action. Our child custody enforcement attorneys in Morris County, NJ can help you with that.
What Are the Rights of a Parent?
A parent has a few important rights that should be respected. Each parent should be able to:
Make decisions for their children: This means that one parent should not be unilaterally deciding which religion a child should be brought up in or where they are educated. Both parents should be making these kinds of big decisions together.
Spend time with their children: Even if you are not the custodial parent, you should still be spending time with your children. This means scheduling visitation or sharing custody in the case of a divorce.
Make disciplinary decisions: A parent can set rules for their child and discipline them, as long as their actions are reasonable and consistent with the law.
Can Divorce Affect Your Rights?
You still have rights as a parent, even when you get divorced. As we mentioned, even if you don’t have sole or primary physical custody, there should still be arrangements made so that you can spend time with your children.
You also still have decision-making rights and disciplinary authority as long as you share legal custody. One parent should not be going behind the other’s back to do things that would affect a child’s life in a major way.
When Can the Rights of a Parent be Taken Away?
Your rights as a parent should not be taken away from you in a divorce, but they can be taken away in other situations. This is because your rights also come with responsibilities as a parent, and failing in those responsibilities means that you are not providing a safe environment for your children.
You are supposed to give them food and shelter, make sure that they get the medical care they need, and support their relationships with their other parent and relatives. If you cannot do these things, a family court judge may decide that spending time with you is not in the best interests of your children.
Can Someone Give Up Their Parental Rights?
There are also times when someone gives up their parental rights willingly. Someone who was married and had a child may give up their rights if their ex remarries and the stepparent wants to adopt the child. This is obviously a decision that should not be taken lightly.
Contact Our Family Law Attorneys
If you have questions about parental rights or you believe that your rights are currently being infringed, we want to hear from you. Contact Townsend, Tomaio & Newmark to schedule a consultation and learn more about any potential legal remedies.
