Fort Lee Mother’s Rights Lawyer
There are many challenges that a mother faces when going through a separation or divorce. However, the issues concerning your children tend to be the most worrisome of anything you deal with throughout the process.
Child support, custody agreements, and visitation can all be tricky to deal with as a single mother, and you might have to fight to get the help and support you need from your children’s father. In these situations, a dedicated family law attorney is here to help. A Fort Lee mother’s rights lawyer can work by your side to protect your legal rights and fight for you and your children’s best interests.
The Rights of Mothers in Fort Lee
A common misconception is that a woman is favored or receives an advantage in a separation or divorce case, especially when child custody is an issue. This might have been true of cases in the past; however, both parents are now granted equal footing in regard to child custody and visitation under New Jersey Statute 9:2-4.
Although the roles of parents are becoming more balanced over the years, mothers are still typically more likely to be the parent in charge of many of the childrearing duties during a relationship or marriage. As such, even though mothers are not afforded an advantage under state law, they are often still considered the primary caregiver depending on many circumstances and factors of a particular case. Additionally, unmarried mothers are not required to prove they are the child’s biological mother, whereas unmarried fathers generally have to petition the court to enforce their rights and establish that they are the child’s biological father.
In some cases, state courts might decide to award custody based on the idea that when a child is an infant and/or still breastfeeding, the mother should typically be given primary custody. However, this idea is often examined as one of many factors that could determine the custody arrangement. A knowledgeable Fort Lee mother’s rights attorney can help a mother demonstrate their role as the primary caretaker to the court.
Mother’s Rights in Child Custody and Child Support
Child custody and child support are two of the common issues for spouses involved in a separation or divorce. Disputes relating to these issues are commonly analyzed by judges or mediators according to the child’s best interests. The child’s best interests include several factors and are important to understand in a divorce or other family law proceeding because of the otherwise equal treatment given to both parents, no matter the gender. Some of the common relevant factors in a child custody case in Fort Lee include the following:
- The relationship already existing between the child and each parent
- The ability of a parent to take care of the child in a safe manner
- The parents’ communication and ability to coordinate schedules
- The financial situation of each parent
- Any prior history of domestic violence by a parent
Child support is usually determined based on calculations using the defined formula under state law. This child support formula utilizes many factors, such as the custody arrangement, gross income of the parents, and the number of children, to determine a child support obligation. A mother’s rights lawyer in Fort Lee could help determine the potential child support amount a mother could receive or have to pay based on the formula.
Discuss Your Case with a Fort Lee Mother’s Rights Attorney
Both parents are afforded equal rights under state law when it comes to divorce and other custody issues. When a father violates a parenting agreement, a mother has every right to take legal action to protect her rights.
If you are dealing with an uncooperative co-parent and need to assert your rights as a mother, do so with a skilled family law attorney by your side. A Fort Lee mother’s rights lawyer can help you protect your rights through divorce, custody disputes, and more. Contact us to learn more about what we can do for you.