When two people sharing children cannot agree on living arrangements, parenting time, or child support, the Court makes the final decision based on what is best for the children. While the Family Courts used to give preference to mothers in child custody disputes, things have changed over the years. Nowadays, Courts are not supposed to have a legal bias toward either parent based on their gender or family role.
While things have changed over the years, mothers still have rights, and a local family lawyer could ensure these rights are protected and enforced during a divorce or separation. Schedule a consultation with an experienced Syracuse mother’s rights lawyer for help navigating a particular family dispute.
In recent years, developments in family law have changed how the Family Courts decide child custody and support arrangements. While Courts used to commonly grant custody to the mother, the increasing presence of women in the workforce alongside the father’s rights movement has led to more fluidity in family dynamics. As such, the Courts now grant child custody and support orders based entirely on the children’s best interests. The Courts look at both parents’ physical and mental health as well as their ability to financially support the children.
While mothers have legal rights to spend time with and take care of their children during and after divorce, they also have obligations. A mother’s responsibilities post-divorce may include:
A seasoned Syracuse attorney understands how the Family Courts work and could fight to protect a mother’s rights under the law.
Legal proceedings are often emotionally charged and stressful for mothers trying to obtain or regain custody. Before issuing child custody orders, the Courts review many factors, including any history of mental illness, drug addiction, or allegations involving child abuse or neglect. They also consider the work schedules and financial well-being of both parents. A mother’s rights lawyer in Syracuse understands how the procedure works and could fight for your rights inside and outside the courtroom.
When a mother seeks primary custody, they must establish that their proposed arrangement is in the children’s best interest. According to the New York Domestic Relations Law § 240, the Family Courts consider many factors when determining custody, including:
There are some circumstances when the Family Court judge may be more inclined to grant custody to the father, including cases where the mother has had little involvement in their children’s lives. However, an unmarried father can only exercise his right to custody if he has already proven his paternity. A Syracuse attorney could advocate for a mother’s rights and the child’s best interests during custody proceedings.
When two people sharing children cannot agree on custody arrangements, the Family Courts decide these arrangements based on the children’s best interest. The Courts examine a vast range of factors, including each parent’s conduct and financial standing, as well as the children’s wishes.
It is crucial to establish to the Court that your home is the best place to support your children’s healthy development and well-being. A seasoned Syracuse mother’s rights lawyer understands the complexities you face and could fight for you and your children. Call the Colwell Law Group, LLC, today to schedule a consultation.
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