Protecting Mothers’ Rights

In California Family Law, Colorado Family Law, Mother's Rights by Robert Toler0 Comments

Mothers in a divorce, and other family law cases, face the competing interests of the needs of their children and the involvement of the father. A court must evaluate the needs of children involved and what may be in their best interests as well as the mother’s rights. Knowing that a judge will be weighing this can help mothers successfully focus their case and obtain positive results for themselves and their families.

A family law attorney at Modern Family Law can offer the following information for your benefit:

  • Mother’s rights in divorce are used to protect your right to child custody, support, and protection from domestic violence.
  • The rights of mothers are determined in the same manner as most decisions regarding family law issues: in the best interests of the child.
  • Mothers can receive child support to help provide food, clothing, shelter, activities, education, and more.
  • Mothers have the same rights as fathers. This means the mother should have ample time with her child.

Understanding a Mother’s Rights During Divorce

The time a mom gets to spend with her kids is precious. During a divorce, it can feel as if that precious time is being threatened. Throwing terms around like “sole custody” and “visitation” often serve to make a mom’s fear feel even more real.

Divorce courts try hard to impact and change the lives of the children as little as possible. Judges structure their orders to provide consistency for the family whenever possible.

How Can A Mother Protect Her Legal Rights In Divorce?

Parents all too often try to use the threat of “taking the kids away” as a means of getting what they want from the other spouse. Motives may include more child support or a greater distribution of the marital estate. While in the vast majority of divorce cases, threats to “take the kids away” are hollow, they still stir up fear and anger.

The trick is to know the difference between the hollow and empty threats, and a courtroom reality. You can only do this by being well informed.  A divorce attorney from our team at Modern Family Law can help protect you.  We’ll provide you with the peace of mind you need and deserve.

Learn How a Mother’s Rights Lawyer Can Help

Lawyers can help by explaining to moms how a court reaches a parenting time decision.  We can also explain what factors a court may will look at, and what the real risks are. The phrase “parenting time” refers to the time allotment for each parent. A parenting time order consists of dates, times, locations, and sometimes directions as to parental conduct. Courts customize these schedules so as to fit the best interests of the children.

Decision-making responsibility for children is also allocated between the parents in most divorce cases. The phrase “decision-making” in the family law context refers to the parent responsible for making major life decisions for children, such as education, religion, and health care. Decision-making may be awarded to the parents jointly, solely to one parent, or it can be allocated based on the subject matter.

Child support obligations are common in divorce cases involving children. Vary rarely is there a family law case where there is no support order. In family law cases, child support is calculated based on a strict formula that accounts for several factors including incomes of the parties, the number of nights each parent has custody of the children, and any work-related childcare expenses.

Divorce Cases Involving Domestic Violence

Domestic violence is a serious matter. In divorce cases, violence between spouses is all too common. This violence can impact everyone involved and result in tragic consequences. Protection orders can help victims gain some independence and space from the abuser. Please get in touch with our family law firm to learn more about domestic abuse and how our team can protect you.

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