As a mother, your primary concern is the health, safety, and happiness of your child/ren. You want to ensure you can provide the best environment for your child/ren to grow up and thrive in. However, when you are worried about your child/ren’s future or your ability to provide for them, you need assistance from an experienced family law attorney.
If you are considering filing for divorce or have concerns about child support or child custody issues, you should consult with a knowledgeable Rochester mother’s rights lawyer from our team for helpful advice and guidance.
If a mother gives birth to a child/ren outside of marriage, the law considers the mother to have sole legal and physical custody of the child/ren. The mother may, therefore, determine who sees her child/ren and make all decisions relating to the child/ren’s welfare, such as their medical, educational, and religious upbringing.
A father may not obtain custody rights and does not have to pay child support until he legally establishes paternity. To establish paternity, both parents may sign an Acknowledgement of Paternity, or one (1) party may file a paternity suit and ask the Court to order a DNA test. Once paternity is established, the child/ren’s father is legally obligated to support the child/ren and may seek custody and visitation rights. If the father does not help pay for the child/ren’s care, the mother may legally seek child support through a Court Order.
If you are an unmarried mother, our seasoned Rochester attorneys may be able to help you protect your rights.
New York law recognizes that both parents have equal rights and does not favor either mothers or fathers in legal or physical custody disputes in a divorce. Legal custody determines which parents have the right to make decisions about important matters in their child/ren’s lives. Typically, Courts try to award joint legal custody to both parents. Physical custody is the legal term that outlines where the child/ren will live. Courts generally try to split physical custody and parenting time between the parents.
Mothers who have partial or sole custody of their child/ren may seek child support from the father. If the father refuses to meet his child support obligations, our experienced Rochester lawyers may be able to help the mother protect her rights to child support by seeking enforcement of the Order from the Court.
If a mother believes the father should not have as much parenting time, a compassionate Rochester attorney on our team may be able to help the mother protect her custody rights. For example, our dedicated legal team may be able to help her gather evidence showing that sole or primary custody for the mother would be in the best interests of the child/ren. This may involve providing proof that the father is abusive, neglectful, or abusing drugs or alcohol and poses a danger to the child/ren. If a Court is unwilling to fully terminate the father’s rights, the mother may still be able to obtain supervised visitations from the Court with the skilled assistance of our attorneys.
We understand that mothers have unique concerns when it comes to their child/ren. Consult with a knowledgeable and experienced Rochester mother’s rights lawyer on our team who may be able to guide you through the legal process, protect your rights to custody, and ensure you obtain the financial support you and your child/ren deserve. Set up an initial complimentary consultation at your earliest convenience.
Colwell Law
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(518) 462-4242
1241 Pittsford Victor Rd