Traditionally, courts awarded custody to mothers more often than fathers. Changes in the law mean that there is now no gender preference for child custody in New York, and fathers are equally viable caregivers. As a mother, if you do not believe that the father’s care or a joint custody arrangement is preferable, you must prove to a court that your child thrives best in your custody. A dependable family law attorney could assist you with this task.
There are also other actions in which your rights as a mother are essential, including paternity, child support, and domestic violence proceedings. A Saratoga Springs mother’s rights lawyer understands how important it is to you and could try to do whatever possible to help you achieve your goals.
Legal rights relating to a mother’s safety and her child’s well-being arise in several types of court actions. It is vital to seek a Saratoga Springs attorney who understands maternal rights to advocate for the mother’s position.
Establishing paternity, or declaring someone as not a child’s father, can cause a ripple effect on divorce settlements, estates, property, custody, visitation, and health insurance coverage. A mother is entitled to the assurance that the legal rights of both her and the child are protected.
Paternity also impacts child support and is necessary to legally obligate a father to pay support. Establishing paternity in New York is accomplished by filing an Affidavit of Paternity, or filing a paternity action and requiring the alleged father and the child to undergo a DNA comparison.
Both parents are responsible for their child’s financial needs until they reach the age of 21. Determining child support includes considering a child’s daycare, specialized educational expenses, health insurance, and uninsured medical expenses. If the mother is the custodial parent, she has the right to receive child support, and it is illegal for a non-custodial father to withhold payments.
A mother can initiate a child support action by filing a court petition if the parties cannot agree on child support. A local mother’s rights attorney could explain the law, facilitate an accurate support calculation that meets the child’s specific needs, and file an enforcement action if the father is not complying with a support order.
Child custody laws exist to protect a child’s best interests and the parents’ legal rights. Though many assume mothers have greater child custody rights than fathers, current law does not provide a preference. Courts decide custody arrangements by examining the following factors:
In the event of a custody battle, the mother must prove a history of primary caretaking and significant participation in the child’s life. A capable Saratoga Springs lawyer could guide a mother through these factors and help facilitate a custody schedule that benefits the child and preserves the mother’s rights.
Divorce laws are complex and require assessing your specific situation to determine the best possible outcomes for you and your child. If you are a mother and want to protect your rights while putting yourself in the best position to raise your child, work with a Saratoga Springs mother’s right lawyer who is willing to fight for your interests in regards to your child or children. Place a call today to learn more about your potential options.
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