Understanding and enforcing your rights as a mother in Kansas is not always a simple or straightforward process. Even if you have automatic legal custody over your child, obtaining a preferred physical custody arrangement with your child’s other guardian, as well as the financial support you need to provide for yourself and your family, can be challenging without professional legal guidance.
Fortunately, that guidance is available from a knowledgeable Manhattan mother’s rights lawyer with years of experience helping people like you through similar situations. No matter which of your rights you want to establish, strengthen, or enforce, having a qualified family law attorney by your side could dramatically improve your chances of a positive case resolution.
Whenever a child is born in Manhattan, their mother is automatically granted an equal share of legal and physical custody with their spouse; or, if they are unmarried, full legal and physical custody rights in virtually every situation. The only exceptions would be if the mother voluntarily relinquishes her parental rights as part of pending adoption proceedings or if a court issues an order taking away a mother’s rights. The latter scenario generally only happens in extreme situations where a mother’s serious behavioral, substance abuse, or criminal problems pose an imminent risk to the child’s safety and wellbeing.
Conversely, fathers who are not married to a child’s mother do not receive any custody rights automatically. Instead, a biological father seeking custody over their child must work together with the mother to establish paternity. If the mother does not agree that someone is a child’s biological father, she can contest his assertion in court and potentially require that he get a DNA test to establish paternity. A Manhattan mother’s rights attorney could provide crucial guidance throughout legal proceedings of this nature.
Once paternity is established, either through DNA testing following a court hearing or through a voluntary Acknowledgement of Paternity signed by both parties, both of a child’s parents become legally responsible for financially supporting their child until they turn 18 and/or are emancipated from their parent(s). Accordingly, establishing paternity can be key not only to establishing shared custody rights, but also to enforcing the right of a mother with sole custody to receive child support from their child’s father.
A mother’s rights lawyer in Manhattan could help determine what amount of support a child’s father might owe – and work on a mother’s behalf to petition the court for an appropriate support order. Beyond that, proper counsel could also help take legal action to enforce a support order that is already in place. This could entail anything from asking for garnishment of a father’s wages to pursuing an arrest warrant for contempt of a court order in extreme circumstances.
While mothers and fathers have many of the same rights in Kansas regarding their biological children, there are some circumstances in which mothers have unique rights and responsibilities under the law. In these situations, assistance from capable legal counsel could make the difference between getting your ideal case outcome and potentially struggling to enforce your rights at all.
A Manhattan mother’s rights lawyer could discuss your circumstances and offer unique advice during a private initial consultation. Call today to schedule yours.