If disunity with your spouse made you a mother involved in a legal separation or contested
child custody battle, you will likely have many concerns regarding the outcome of your divorce case. Custody battles are often the most stressful and emotionally charged aspects of a divorce proceeding. However, there may be additional issues you also need help with in the course of your contested divorce, such as those relating to child support, spousal support, child support modifications, relocation, or other issues.
An experienced Nassau County divorce lawyer at Jason M. Barbara & Associates, P.C. will respond to your concerns as they arise, as well as anticipate any future potential issues. To start the legal process today, call our office at (516) 406-8381.
Asserting Your Rights as a Mother
Prior law held that mothers were presumed to receive custody of minor children absent a finding of being “unfit.” Disqualifications from receiving custody arose from factors including allegations of neglect or abuse towards the children, substance abuse, or mental illness.
Nowadays mothers and fathers have equal rights to custody. This change in custodial preference was based upon research demonstrating that children benefit from having both parents involved in their lives. Therefore, litigation is much more typical in custodial divorce cases than it once was. That means it is more important than ever to not only know, but also assert your legal rights in regards to your children.
Determinations regarding child custody center upon what is in the child’s best interests. This is typically achieved by an examination of the nature of the child’s relationship with each parent, and the parents’ level of engagement and involvement in the child’s daily life. For example, parents who expose their children to inappropriate or unsafe environments, or who are not actively involved in the child’s life, are not likely to receive custody.
In addition to considerations of the child’s best interests, the court will also attempt to avoid disrupting the child’s current daily life and routine as much as possible. This means things like remaining at the same school, continuing extracurricular activities, etc.
This is important because it’s more than likely that there will be other factors to take into consideration when attempting to preserve these elements. If the child is currently enrolled in a public school, they will have to remain within the district in order to continue attending; therefore, the child will need to maintain a residence at the family home, or live somewhere nearby that is suitable.
Another consideration is financial. Who will be responsible for funding things like extra-curricular activities, private school, and health care? How will future decisions regarding these matters be made? In addition to matters of child support, spousal support, and division of property, these are all matters that will need to be specifically addressed in the final divorce decree or custody agreement.
Mothers' Rights Attorneys in Nassau County
Do you need a Nassau County divorce lawyer to protect your mother's rights? If you are a mother in the midst of a divorce or custody proceeding, or attempting to secure a modification to your custody agreement or child support, contact a dedicated attorney at Jason M. Barbara & Associates, P.C.
We will fight for your rights as a mother to the fullest extent of the law. Contact us today in order to schedule your free initial consultation, so that we can discuss your case.