When you are dealing with a divorce or have recently split up with a long-term partner, safeguarding your rights as a mother is likely an issue first and foremost in your mind. Regardless of the circumstances leading to your current situation, navigating issues like custody, visitation, and child support can be challenging.
If you are in this position, consider speaking with a Gwinnett County mother’s rights lawyer immediately. An experienced family law attorney can work on your case and take all steps necessary to ensure that your rights are safeguarded and the welfare of your child or children remains the focal point.
A mother is not automatically given preference over a father in custodial matters based on gender. Instead, the child’s welfare will remain the critical component that guides Georgia courts in custodial decisions. However, it is essential to note that in scenarios where a child is born to unmarried parents, the mother is the only biological parent the law recognizes unless and until the putative father establishes paternity and goes through the legitimation process.
Only once paternity has been established, and the father legitimates the child may the biological father seek custody and visitation rights as the legally recognized parent. When married parents have a child, paternity is presumed, and the mother and father remain on equal footing in the eyes of the law regarding their ability to seek custody and visitation privileges.
A Gwinnett County attorney can help a mother seek physical custody rights, which indicates where the child lives, and decision-making responsibility for the child, also known as legal custody. Physical and legal custody arrangements can take any number of forms and can be awarded on a sole or joint basis. In cases where the mother is not granted primary physical custody, visitation privileges may be sought.
In addition to seeking custodial and visitation privileges, a mother has the right to seek (and may face the obligation to pay) child support. The child support amount is based on many factors, with income being a significant element, and the non-custodial parent will typically be the one who pays it.
Sometimes, determining a child custody and support arrangement may be as simple as agreeing on a parenting plan with your former spouse or partner. The family court system may play a much more significant role in contested situations. For mothers seeking sole or joint physical and legal custody, these factors could include your relationship with your child and your child’s relationship with your former partner or spouse.
The court may also consider factors including which parent has provided the most day-to-day care throughout the child’s life, the home environment you can provide for your child, and how any custody award will change your child’s current habits and routine. The extent to which you can or are co-parenting with your child’s other parent and any psychological, emotional, or physical needs your child has can impact any custody decision and the final parenting plan. Because there are so many unique factors that the judge may consider when awarding a parent custody, it is best to work with a Gwinnett County mother’s rights attorney on all such matters to ensure the best possible result.
While it is true that in the past, Georgia courts would favor the mother when it came to awarding custodial rights, the modern legal system has moved on from this way of thinking. In any matter of child custody or visitation, the ultimate litmus test will be what situation serves your child’s best interests. Therefore, ensuring that you have someone standing up on your behalf throughout these legal processes is vital.
A Gwinnett County mother’s rights lawyer can help to uphold your rights. Whether you are co-parenting amicably with your former partner or are facing hurdles in this area, we can put our experience and skills to work on your behalf. Call today to set up your legal consultation to speak with a trusted member of our team about how to best move forward with your family law case.