North County Lawyers Defending Your Rights As A Mother
When it comes to divorce and child custody in California, the law does not give preferential treatment to mothers. In fact, California law has a distinct bias in favor of joint custody. The law presumes that the child’s best interests are served by consistent contact with both parents. Ideally, parents going through divorce proceedings negotiate a workable custody and visitation agreement; if they are unable to do so, the parents are typically required to enter mediation.
Mothers’ Rights In California
The courts will always rule in favor of the child’s best interests. A mother does have the right to petition for sole custody. A mother may be awarded sole custody for reasons such as:
- Domestic violence
- Child abuse and/or neglect
- Drug use and/or alcohol abuse
- If the child is a teenager and prefers to live with his or her mother, the judge will consider their wishes.
If a mother is awarded sole legal or physical custody, the noncustodial parent is still responsible for contributing to the children’s financial support. Custody, visitation, and child support issues are finalized in divorce proceedings, although they can be revisited in the years following the divorce. Keep in mind, however, that the court looks favorably upon what has worked in the past. In other words, if the current schedule is working for the children, the court might be hesitant to change it without good cause.
If the mother is unmarried, California law dictates that she has sole legal and physical custody of her child and can control the type and frequency of contact with the father. If she wishes to and is able to establish paternity, either through the father’s voluntary legal declaration or through a paternity test, the mother is entitled to receive child support from the father.
Our Client-Centered Approach Puts You And Your Children First
When you meet with your divorce attorney, be prepared to talk about your relationship with your children and their father’s relationship with your children, as well as any evidence you might have regarding the father’s problematic behavior. Your divorce attorney will be able to evaluate the information and determine whether you have grounds to contest joint custody.
If you are ready to talk about your maternal rights or anticipate that your divorce will include a contested child custody arrangement, call Griffith, Young & Lass at 858-951-1526 or contact us online to connect with a member of our team.
Our skilled team of attorneys includes two certified family law specialists who are experts in the field. To date, we’ve successfully handled many mother’s rights cases in Carlsbad, and we are confident that we can help you reach a solution that best protects your parental rights if they are being threatened. Do not hesitate to contact us for the legal support you need and deserve at this time.