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As long as paternity has been established, single mothers and single fathers have the same custody and visitation rights to their children as divorcing couples. Unmarried parents can petition the court for sole custody, joint custody and visitation with their children.
Both parents can complete and sign a voluntary Certificate of Parentage (COP) form ? it's free!. You can sign this form: At the hospital when your child is born.
In short, the answer is no, children under the age of 18 cannot outright decide on a child custody agreement. However, a child who is deemed old or mature enough may speak with the judge and convey whether or not they have a preference as to which parent they'd prefer not to live with.
New Jersey's public policy is that children have frequent and continuing contact with both parents. Based on the best interest of the child, a judge can order any of the following: joint legal custody, which is when both parents will make major decisions regarding the child's health, education, and general welfare.
In New Jersey, when an unmarried woman gives birth, an unmarried father has no rights to child custody, visitation or child support until paternity has been established. In many cases, both parents agree on the identity of the father, and the father voluntarily accepts parental rights and responsibilities.