New Jersey Mothers’ Rights Lawyer
Raising children on your own could be difficult and expensive. Many single mothers have to fight to get the help and support they need from the father. With the help of a New Jersey mothers’ rights lawyer, mothers could enforce their rights to child support, visitation, custody, and more.
If you need help with a legal issue regarding your children, contact an experienced family law attorney to learn more about your options.
Do Women Have an Advantage in Divorce?
There is a misconception that women are favored or receive an advantage during child custody cases. While this may have been true in the past, New Jersey Statutes Title 9 §2-4 gives parents of both genders equal footing when it comes to issues regarding their children.
While gender roles are becoming more balanced, mothers are still more likely to be in charge of childrearing during a marriage or relationship. Consequently, women are slightly more likely to be named the primary caregiver in the event of divorce or separation.
Unmarried mothers particularly receive an advantage in child custody cases. Before an unmarried father can petition a court for custody or visitation rights, he must first prove that he is a child’s biological father. For obvious reasons, there is no such requirement for mothers. Accordingly, it is more common for unmarried mothers to have primary physical custody of their children.
There is also case law supporting a legal theory called the “tender years doctrine.” This is the idea that when children are infants or still breastfeeding, the mother should have primary custody. While a mothers’ rights attorney in New Jersey might argue the tender years’ doctrine in court, it is quickly falling out of favor. Many courts will award shared custody of very young children regardless of their ages.
What Rights Do Mothers Have?
Mothers and fathers have equal rights to the physical and legal custody of their children. Physical custody refers to where the child resides most of the time, and legal custody refers to the right to make significant decisions on the child’s behalf. These decisions might include where the child goes to school, what religion they practice, or what types of medical treatment they receive.
Typically, the person who spent the most time as the child’s caretaker before a custody case will be awarded primary physical custody while the other individual will receive visitation time. It is currently the standard for courts to split parenting time as evenly as is practical. The person with primary physical custody will usually have the right to receive child support from the other parent.
Parents often share joint legal custody, except in cases where one is unfit or absent. In most cases, parents are required to work together to make important decisions that affect their child’s life. If one parent makes a major unilateral decision without the other’s input, that parent could file a motion seeking sanctions in court. A New Jersey attorney could explain which rights a mother may have concerning parenting.
Protect Your Family with a NJ Mothers’ Rights Attorney
Mothers have the right to enforce the terms of their parenting agreements. If a father violates the agreement, he could be held accountable by a family law judge. Repeated violations, such as missing visitation time or failing to pay child support, could even result in criminal sanctions or jail time.
Your children are precious to you, and your time with them is valuable. Mothers deserve the resources and help they need to give their children the best possible lives. If you need help with child support, custody, visitation, divorce, or other family matters, schedule an appointment with a New Jersey mothers’ rights lawyer today.