As a mother, when it comes to questions of custody during divorce or establishing the paternity of your child, you may be unsure what your rights are and whether the court will grant you access to your child. Courts have historically favored mothers when it comes to the determination of custodial rights. Ultimately, the judge will be considering the best interest of your child when deciding to award either sole or shared custodial rights.
An Albany mother’s rights lawyer can help you safeguard your right to your child and explain the legal options available. If you are going through a divorce or other legal proceeding and are concerned about maintaining your rights as a mother, it is wise to consult with our experienced child custody attorneys as soon as possible.
One of the most common situations calling a mother’s rights into question involves child custody. Child custody cases commonly arise during divorce, but may also stem from paternity cases filed by the child’s mother or father. It is best to have qualified representation from an Albany mother’s rights attorney when resolving custodial disputes.
When a child’s parents are married, each parent automatically assumes custodial rights. During a divorce, the court may decide to grant the mother joint physical and/or legal custody with the father, or either party may be awarded sole custodial rights. If the child’s parents are not married when the child is born, the mother automatically has custody and paternity must be proven before the presumed father can claim custody or be ordered to pay child support.
If the child’s mother and father can come to an agreement regarding the custody arrangement, the court can review and approve the agreement. In situations where the parties are in disagreement concerning the child custody arrangement, the court will make a determination. While the court will consider a variety of factors in making a final custody decision, the interests of the child will be of utmost concern.
The judge will consider the economic circumstances of the child’s mother. The court will also consider a mother’s overall parental fitness, such as her ability to see that the child receives a good education, medical care, and basic necessities such as food, clothing, and a secure living situation. Unless it can be shown that joint custody with the father is not in the child’s best interests, the court will usually favor the participation of both parents in the child’s care and upbringing. If a mother is pursuing full custodial rights, she will need to show the court that the request is in the child’s best interests. It may also be advisable to enlist the help of a seasoned Albany mother’s rights attorney during these child custody cases.
It is important to note that unmarried mothers have the same right to their child as married mothers do in the eyes of the law. The child’s mother or father can request custodial rights from the court and the child’s best interests will always be the ruling factor.
Barring the termination of a parent’s parental rights, both the mother and father are obligated to provide for the economic welfare of their child until they turn 21 or become emancipated. A mother may be entitled to child as well as spousal support from their co-parent.
The amount of child support and spousal support a mother may receive is based on a formula that factors in the parent’s income. Furthermore, if the child’s father is ordered to pay child and/or spousal support and does not fulfill their obligation, the mother can take the father to court for contempt.
If you have questions about your rights as a mother, you should get in touch with an Albany mother’s rights lawyer who can help you understand your child custody entitlements under the law. An attorney can advocate for your rights as a mother and fight hard to achieve positive results that best serve you and your child.
Schedule a consultation today to learn about how an attorney could help.
Colwell Law
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(518) 462-4242
200 Great Oaks Blvd