As a mother, it is natural to worry about your children. Your relationship with them may be tested during divorce proceedings or child custody disputes. While you have parental rights, the court holds much power over parenting time and decision-making responsibility.
When you are facing a custody battle, a dedicated family attorney might be able to help. A Lincoln County mothers’ rights lawyer at Addair Law could advise and help you uphold your rights during a custody dispute.
Understanding Mothers’ Custody Rights
When a child is born, the mother automatically gains certain rights to legal and physical custody of their child. If they are married, they usually share these rights with their spouse. If they are unmarried, they have sole rights over the child until paternity is established.
There are different ways to establish paternity. It is often accomplished when both parents agree on the father’s identity. There is a presumption of paternity for married couples. It could take a court-ordered DNA test to settle the matter in other situations.
Once the court has established paternity, both parents have equal rights to seek custody of their shared child. While there is a belief among some people that mothers have an advantage during these proceedings, state law treats mothers and fathers equally.
There is no guarantee that a judge will rule in favor of one party over another during a custody dispute. Instead, their obligation is to make the decision that is in the child’s best interest. A skilled mother’s rights attorney serving Lincoln County could establish a mother’s rights in these situations while pursuing the best possible outcome in court.
The Right to Monthly Child Support
When a mother has primary custody of a child, they have a right to seek financial support from the father. This right exists regardless of the couple’s marriage status. Both parents must provide financial payments for their children. When a father does not have primary custody of a child, they are typically required by the courts to pay monthly child support payments.
These payments are made directly to a parent, but they are designed to cover the cost of raising a child. That includes costs related to education, medical care, and recreation, among other things.
A judge will consider various factors when determining the amount of monthly child support to enforce. The court relies on a formula provided by the state to recommend a specific amount of support each month. This formula takes several factors into account, including:
- The age of the kids
- The income of each parent
- Expenses related to the children
- The number of children a couple shares
- The amount of time the children spend with each parent
The results of this formula are only a suggestion, as the judge can consider other factors that increase or decrease the required monthly payment. A proactive Lincoln County maternal rights lawyer could fight for a child support amount that is both fair and reasonable.
Seek the Support of a Lincoln County Mother’s Rights Attorney
You have parental rights when you give birth to or adopt a child, but those rights are limited. The court has the ultimate power to determine the custody and visitation arrangement with your child, so it is crucial to have legal counsel who is highly experienced and compassionate.
A seasoned Lincoln County mothers’ rights lawyer could help you fight for your relationship with your children. Call Addair Law immediately to discuss your options.