Every parent has the right to enjoy the love and affection of their children. They also have a right to physical custody of their children, which means unfettered physical contact with them. With their rights come the responsibility of meeting their children’s basic needs and protecting them from physical and emotional harm. Even after a relationship fails, parents are still entitled to their parental rights, and the law provides for that through child custody and support orders. But not all parents take their parental duties seriously and they can lose their parental rights. If you want to terminate the parental rights of your child’s other parent, or you are at risk of having your parental rights infringed upon, the Essex County parental rights lawyers at Nitti & Nitti can help you.
If you need to speak to a family and divorce lawyer in Essex County about your parental rights, give us a call at (973) 226-4141 to schedule an appointment for your free consultation with one of our experienced family law attorneys.
Parental rights are important because they protect parents from external interference over how they raise their children – what schools the children attend, what religion they practice, where they live, and how they are treated by other adults in their lives. Parents are the first protectors of their children and have a duty to keep them from physical and emotional harm. They have the right to direct their children’s affairs and their upbringing, for as long as they are capable of doing so in the best interest of the children. Parental rights are protected by law unless they are terminated by adoption or an order of the court. In fact, in New Jersey, the courts have held that parental autonomy is a fundamental right, and the State can only interfere with such rights under strict scrutiny.
Parental rights can be established in a number of ways, the most obvious being for the natural mother of a child who can show proof that she gave birth to the child. Natural fathers can establish their parental rights in different ways, including through a court-ordered blood test or genetic test or by voluntarily acknowledging and accepting the paternity of the child.
Although the New Jersey public policy aims to promote and protect parental rights, the law provides for circumstances under which parental rights can be terminated. These circumstances include when:
Termination of parental rights is not a matter that is taken lightly in the state of New Jersey. Before parental rights can be terminated, there must be clear and convincing evidence that given the circumstances, the termination will not do more harm than good for the child.
Whether you are at risk of losing your parental rights or you want your parental rights recognized and vindicated, Nitti & Nitti can help you. Call us today at (973) 226-4141 or click here to schedule your free consultation.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
