Even with more women as the primary breadwinners in their households, there are still many divorce situations where women are disadvantaged in financial resources and career opportunities.
For moms facing divorce and an uncertain future, it is essential to have a dedicated Anderson mothers’ rights lawyer to represent their interests. Our family law attorney, Greg Steele, has extensive experience representing mothers in divorce, custody, and paternity actions in Anderson and the surrounding areas.
Understanding a Mom’s Right to Care for Her Children
Family law judges must evaluate a child’s needs and determine what custodial schedule would best serve their interests. If the court finds that the mother is the more dedicated and influential parent, and that her children would have a greater opportunity to thrive in her care, she may be awarded primary physical custody.
For example, if the father has generally been a “weekend dad” and never assumed a meaningful parenting role, an Anderson lawyer could make an argument for the mother’s role as primary custodian and ask that the court only award the father with visitation rights. To ensure that her children are in the best possible care, a mother must prove that she is the more capable primary custodian. An attorney experienced in defending mothers’ rights can effectively present a mom’s case to the court and demonstrate her ability to promote her children’s safety and overall well-being.
Protecting a Mother’s Right to Child Support
When parents are unmarried when a child is born, state law designates the mother as the child’s natural custodian, meaning she has the right to legal and physical custody of her child without a formal court order.
However, a mother may know the father’s identity and want to establish paternity to secure her right to child support. A mother can only collect child support payments from her child’s father if his parentage has been confirmed, either through presumption of marriage at the time of their child’s birth, voluntary acknowledgement, or paternity testing.
Moms can file a paternity petition in an Anderson family court to have a father’s parentage confirmed, after which a judge may order all parties to submit to genetic testing. Once paternity has been established, a mother can ask the court to order the father to pay child support, which can include contributions to health insurance, daycare, and medical expenses for the child.
To determine child support, a family court judge must assess the parents’ incomes and utilize the statutorily mandated child support guidelines. In the support calculation, a mother has the right to have all the father’s income considered, including:
- Self-employment income
Child support must be accurately calculated so a mother can meet her child’s needs. A capable moms’ rights attorney is well-versed in the state’s guidelines and can help ensure that the court has the information needed to determine an appropriate amount of child support.
Learn More about Mothers’ Rights from an Anderson Attorney
The laws and biases have changed to recognize that children of divorced or unmarried partners generally benefit from a meaningful relationship with both parents.
If you are a mom facing any legal challenge to your relationship with your children, a compassionate Anderson mothers’ rights lawyer stands ready to help. The goal of our committed attorney, Greg Steele, is to assist you in resolving disputes involving your children to protect their well-being and yours.