Though it is often assumed that women get preferential treatment in custody battles, the reality is that mothers have the same rights as fathers. All too often, mothers fail to protect these rights during the divorce process and face less than ideal outcomes as a result.
If you are facing an uncertain future due to pending custody issues, now is the time to seek out a seasoned family lawyer. The right attorney can help you win a favorable outcome for custody, child support, or visitation with your child. Let a Kernersville mother’s rights lawyer with Apple Payne Law serve as your advocate.
One of the important factors that can affect the rights of a mother is the formal establishment of paternity. A biological mother enjoys certain rights related to child custody immediately upon the birth of their child. However, paternity must be formalized before the mother has the opportunity to seek child support from the father. A Kernersville mother’s rights attorney with Apple Payne Law can assist with this process.
There are different options when it comes to establishing paternity. The simplest is for both parents to voluntarily establish the paternity of the father. This is often done at the hospital immediately after childbirth. If both parents agree on the identity of the father, it takes little more than signing an acknowledgment to formalize things.
Not all parents will be able or willing to sign an Affidavit of Parentage. If either party refuses to voluntarily establish paternity, the next step is to involve the courts.
Either parent has the opportunity to file a petition for paternity. During this process, the court will generally require the father to submit to DNA testing. Should the testing establish a link between the child and the father, the court will enter an order granting him the rights and responsibilities of paternity.
Every mother has certain rights related to the custody of or visitation with their minor children, but it is important to understand that those rights are not unlimited. Their nature and extent will depend on whether paternity has been established.
If the paternity of a father has not yet been established, the mother has full parental rights over her biological child. She has the right to determine who has contact with the child and will make all important decisions on their behalf.
The limitations on these rights can come into play once paternity is established. A mother still has rights, but they often share those rights with the father. In many cases, the court will grant parents joint custody. This means they will share the duty of providing a child a home and making important decisions for them. A Kernersville family lawyer experienced in mothers’ rights cases can assist with navigating joint custody.
A mother enjoys certain rights regarding their minor child, but those rights must be protected. That means taking steps during custody or visitation disputes to enforce them.
If you have questions about what rights you have as a mother, now is the time to speak to legal counsel. Contact a Kernersville mother’s rights lawyer as soon as possible. Our dedicated team at Apple Payne Law is ready to get to work for you.