Protecting Mothers Rights in Family Law - Modern Family Law Protecting Mothers Rights in Family Law - Modern Family Law
Custody

Protecting Mothers Rights

In family law cases, mothers 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 the mother’s rights. With strategy, mothers can obtain favorable results for themselves and their families. Protecting mothers rights is an essential part of any custody case.

Modern Family Law can offer the following beneficial information:

  • Legal counsel can protect the mother’s rights. These include child custody, support, and protection from domestic violence.
  • Mother’s rights are determined on the best interests of the child.
  • Mothers can receive child support to help provide for their kids. Support includes food, clothing, shelter, activities, education, and more for the child.
  • Mothers have the same rights as fathers, meaning the mother should have ample time with their child.

Understand Mothers’ Rights

A mother’s time with her kids is precious, and during a divorce, it can feel as if that time is being threatened. Terms like “sole custody” and “visitation” often heighten a mother’s fear. Keeping a calm demeanor can help reduce stress in these types of cases. It’s important to understand that courts work hard to avoid uprooting the lives of children as much as possible; furthermore, judges structure their orders to provide consistency for the family whenever possible.

How to Protect Rights

Parents can try to threaten to take the kids as a means of getting what they want from the other spouse. Motives may include more child support or greater distribution of the marital estate. In the vast majority of divorce cases, these threats are empty but threats to “take the kids away” still stir up fear and anger.

Staying well informed is important.  A divorce party’s attorney should protect mothers rights and provide their client with the peace of mind they need in this instance. Maintaining open lines of communication and understanding is critical.

How a Lawyer Helps

Lawyers can help by explaining how a court reaches a parenting time decision.  Attorneys can tell what factors a court considers and what the real risks are. The phrase “parenting time” refers to the time allotted for each parent. A parenting time order consists of dates, times, locations, and directions for parental conduct. Courts customize these schedules to fit the best interests of the child.

Decision-making responsibility for children is allocated between the parents in most divorce cases. Decision-making refers to the responsibility parents have for making major life decisions for children. These can include decisions related to education, religion, and health care. Such responsibility can be awarded to the parents jointly or solely to one parent. Responsibility can also be allocated based on the subject matter.

Child support is universal in divorce cases involving children. Family law cases where there is no support order, are sporadic. In family law cases, child support is calculated based on a strict formula that involves several factors. These include incomes of the parties, the number of nights each parent has custody, and work-related childcare expenses.

Domestic Violence & Divorce

Domestic violence is a serious matter. In divorce cases, violence between spouses is relatively common. Violence impacts everyone involved, resulting in tragic consequences. Protection orders help victims gain independence and space from the abuser. Contact our law firm to learn more about domestic abuse and how our team can protect you.

Posted January 14, 2019
by: MFL Team


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