Monmouth County Mother’s Rights Lawyer
Divorce can be filled with emotional anguish and financial uncertainty. As a mother, you want to make sure you are not going to be separated from your children and can provide them with the kind of life and opportunities they deserve. An experienced family law attorney can represent your interests and help attain your goals.
Divorce is often a difficult, scary, and emotionally charged time. A Monmouth County mother’s rights lawyer understands these challenges and can serve as your advocate in negotiations, mediation sessions or, if necessary, in court.
Mother’s Rights in a Divorce
Everyone, including mothers, have rights that a dedicated divorce lawyer in Monmouth County can help enforce and protect. One of the most contentious issues in family law involves creating a fair custody arrangement. Custody arrangements must establish who has legal and physical custody of the children. Legal custody is the right to decide on things like a child’s education, enrollment in activities, and healthcare. Depending on the circumstances, parents may share legal custody, with one parent having sole residential custody. Physical custody determines which parent the child will live with primarily and how much visitation the other parent will receive. Physical custody can also be equally shared, where each parent spends equal time with the child. In rare cases, a court will award sole legal and physical custody to one parent. Courts decide custody arrangements on a gender-neutral basis; however, a mother’s rights attorney can ensure a mother’s rights are equally considered and respected.
Custody decisions are based on the best interests of the child and, unlike other aspects of divorce, such as property division, must have a judge’s approval. The judge reviews all available information to determine whether a suggested arrangement is in the child’s best interests. The child’s age and relationship with each parent are important variables, as is any history of abuse or neglect within the family. A mother’s rights lawyer in Monmouth County can review the factors the court uses to decide custody and identify any arguments that may help support a favorable arrangement.
Primary physical custody is when a child will live with one parent and the other parent will have visitation. A mother who is given primary physical custody of the children is entitled to child support for the benefit of the child to help raise them. A mother who shares equal custody with the father may also be entitled to child support for the benefit of the child if the father earns more money than the mother. Conversely, a mother may also pay child support to the father if the mother earns more money than the father. In either situation, a mother’s rights attorney can ensure that a fair and equitable financial arrangement is put in place.
Child support is calculated based on a complicated formula called the Child Support Guidelines and each parent’s individual income, as well as other factors, including who pays for work-related childcare and the children’s health insurance. Given the intricacies of the Child Support Guidelines, the best approach is to go through things item-by-item with a knowledgeable mother’s rights lawyer on your side.
Of course, child support is only useful to the extent it is paid. An experienced family law attorney can also take legal action to enforce child support obligations if a parent refuses to pay them. Parents who default on child support payments may face wage garnishment, lower credit scores, driver’s license suspension, contempt of court, accumulated interest payments, and even jail time.
In addition to child support, a mother might be entitled to alimony payments to maintain the standard of living she became accustomed to during the marriage. Alimony is particularly important when a mother has been staying at home as the primary caregiver for the children while the father acted as the primary breadwinner.
Judges have more discretion in spousal support decisions as these are governed by broader and vaguer guidelines than child support issues. The length of—and standard of living cultivated during—the marriage are among the many factors that judges use to determine whether a mother should receive alimony.
Contact a Monmouth County Mother’s Rights Attorney
When you are a mother going through a divorce, you may have anxieties about the future. First and foremost, you want to make sure your children are taken care of and that you can continue to protect their best interests. You also want to ensure you can provide for your family so everyone can grow and flourish after the divorce.
A Monmouth County mother’s rights lawyer can help you enforce your rights and achieve your goals. Call Moskowitz Law Group today for a free consultation.