Mothers' Rights in Divorce and Beyond
What legal rights does a mother have?
At Masella Law Firm, P.A., we are sincerely dedicated to defending the rights of our clients, and if you are a mother who is planning to divorce or if you have given birth to a child out of wedlock, you can come to our office for help. With years of experience and a proven track record of success, we are prepared to take on even the most challenging case and know how to get the results that you need. Contact us now to speak with a Columbia divorce lawyer from our firm, to discuss your concerns and to learn about your legal options.
A Mother's Rights to Child Custody in Divorce
While state law does not establish a preference for either parent in disputes over child custody during a divorce, there is a tendency for courts to award primary custody to the mother. The court will consider a variety of factors in determining what arrangement is in the best interests of the children, including which parent has been the primary caregiver and who is most capable of providing a stable and secure home environment. We can help you assemble compelling evidence to support your request for primary custody, and could even argue against the father receiving rights of
visitation, if circumstances such as a history of
domestic violence or substance abuse make you fear for your children's safety.
Claiming Financial Support for Your Children's Needs
You can also demand to receive ample child support payments from the father, on the basis that both parents have a legal obligation to provide for their children's needs. As a general rule, the non-custodial parent will be required to pay monthly allowances to the parent who has physical custody of the children. In the event that you have lost your job or suffered a pay cut, or if your children's requirements for education, medical care or other living expenses have increased, we can help you file a petition for a
support modification, with the goal of increasing the amount you receive every month. It is even possible to go to court for enforcement of child support if the father has fallen behind or become delinquent in paying you, with possible penalties including wage garnishment or a property lien, a driver's license revocation or even an arrest.
Paternity Actions for Child Support in Columbia, SC
We also assist unwed mothers in claiming child support payments from the biological father. Whether you are single or if you have married another man, the father can be held legally liable to pay support by bringing a paternity action which may include DNA testing to prove the biological relationship. Contact us now to discuss the situation and to begin the process so that you can receive the financial support your children need.