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Divorce can be overwhelming for everyone, especially when children are involved. As a mother, you might question whether you are doing the right thing for your kids and how they will fare once the divorce is over.

While the law once presumed that children were best served in the care of their mother, that presumption no longer exists. Accordingly, to ensure that your time with your children and right to support from the other parent are protected, you should enlist the help of a dedicated Cumming mothers’ rights lawyer. Our family law attorneys are familiar with how local courts tend to interpret the law and can use their prior case knowledge to protect your rights as a mom.

Protecting a Mother’s Right to Custody

In Georgia, both parents are equally capable caregivers in the eyes of the law. As such, judges typically order custody terms that encourage both parents’ involvement in their children’s lives. However, despite this preference for shared custody, the mother may be more qualified to raise her children than the father in some situations.

When a mom seeks primary custody, she must demonstrate to the court that her proposed custody schedule is in the children’s best interests. Official Code of Georgia Annotated §15-11-26 outlines the factors a court must consider when determining a child’s best interests, which include:

  • The child’s physical safety and welfare;
  • The love, affection, bonding, and emotional ties between the child and each parent;
  • The child’s need for stability and continuing relationships with the parents, siblings, and other relatives;
  • Each parent’s capacity to provide the child with love, affection, guidance, and education;
  • The stability and safety of each parent’s home environment;
  • The child’s ties to their school, community, and friends;
  • The least disruptive placement for the child; and
  • Whether there is any history of family violence or substance abuse in either parent’s home.

If the father has abused or neglected the child, the mother may also ask a judge to restrict his visitation or appoint a third party to supervise his contact with their child. A seasoned attorney experienced in defending moms’ rights can develop a parenting plan that protects her right to custody and keeps the child safe.

Supporting a Mother’s Right to Child Support

To calculate child support, family courts in Cumming apply an income sharing model, which estimates the total amount that the parents would spend on their child if they remained an intact family and then divides that amount proportionately based on each parent’s income.

This income determination is a central component of accurately determining child support obligations between parents. As such, a mom must ensure that all the father’s income sources are included in the calculations, particularly if she earns less than he does and relies substantially on his support to meet the child’s needs. A knowledgeable mothers’ rights lawyer understands the state’s child support guidelines and how to calculate income properly.

Moms’ Right to Fair Spousal Maintenance

In a divorce, a Cumming family court judge may award either party alimony. One of the primary considerations for an award of spousal maintenance is each party’s contributions to the marriage, including homemaking and childcare. Accordingly, it is essential that a mother thoroughly presents her marital contributions to the court to receive adequate financial support post-divorce.

For example, if mom left a career to stay home and care for the parties’ children, she might have difficulty immediately re-entering the workforce and supporting herself after divorce. An attorney skilled can help ensure that a mother receives sufficient financial support to regain her independence and move forward with her life.

Consult a Compassionate Mothers’ Rights Attorney in Cumming

Women face unique challenges in family law disputes, and mothers even more so. Societal changes and a trend toward shared custody arrangements often put moms at risk for disparate treatment in family court.

To ensure that your importance as a mom is effectively advocated for, contact a skilled Cumming mothers’ rights lawyer today. The committed members of our legal team are strong advocates for mothers in divorce and custody disputes and can work to protect your relationship with your children and a secure financial future.

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