There are some challenges that can arise when you attempt to enforce your rights as a mother in New York. Disputes can arise over physical or legal custody, and you are never guaranteed the outcome you most desire. A skilled family law attorney might be able to help you secure the custody rights and financial support you need and deserve.
While the process of pursuing custody or requesting child support can be demanding, a Troy mother’s rights lawyer may provide the guidance you need to help you achieve a fair outcome. Our dedicated legal professionals are standing by and are ready to help you navigate the complexities of the legal system.
There are important rights that are enjoyed by a mother from the moment their child is born. When an infant is born in New York, the mother is automatically granted equal physical and legal custody with their spouse. For unmarried mothers, full custody rights are granted in the vast majority of situations.
There are certain exceptions to be aware of, though. A mother can give up her parental rights voluntarily. This is typically done as part of the adoption process. It is also possible for the state to issue a court order terminating parental rights; however, this is uncommon, barring criminal proceedings or significant behavioral issues.
The automatic rights granted to mothers do not apply to all fathers. While married fathers are granted some rights automatically, the same is not true for an unmarried father. For unmarried fathers to secure and enforce their rights, they must first establish paternity. Dealing with custody and paternity issues can be challenging, but a committed Troy attorney may ensure a mother’s rights are protected throughout the process.
A mother also frequently holds rights related to child support. These rights may come into play during the divorce process, or they can be raised in a separate proceeding between unmarried parents. In either situation, the father may be responsible for child support after paternity has been established.
The amount of child support owed to a mother with physical custody can vary. The court will consider different factors, including the father’s income as well as the needs of the child. The amount awarded by the court is mandatory, and there are limited options for reducing the amount in the future.
The good news is that a skilled lawyer in Troy may help a mother enforce her rights during child support proceedings. Experienced legal counsel could ensure that the amount awarded by the court is appropriate and reasonable.
In addition to setting the initial amount of child support, a capable attorney may also assist with enforcing orders that are already in place. Enforcement actions can vary, but they often start with a lawyer sending a letter requesting the father to pay in full. When this approach does not work, an attorney could pursue more aggressive options, including a garnishment or even contempt proceedings.
The parental rights of a mother are substantial, but they still require protection. Should you fail to do so, you may find yourself treated unfairly during child custody or support disputes.
A Troy mother’s rights lawyer may help you protect yourself and your family. Call right away to learn more.
Colwell Law
N/a
518-462-4242