If the other party has more economic resources than you during a family dispute, it might feel like the odds are against you. It could be especially concerning if a dispute involves mother’s rights, child custody or child support issues.
Therefore, if you need help with a divorce, child custody issue, or child support as a mother, you need an experienced family law attorney on your side. A Boston mother’s rights lawyer could use their skills to resolve any disagreements and ensure that a court puts your children’s wellbeing first when making any decisions.
Rights of Unmarried Mothers
When parents are divorcing, the law assumes that both parents should have equal parenting time if possible. However, the law favors the mother in a situation where the parents were never married.
By default, the mother will have sole physical and legal custody of a child born outside of marriage. She could seek child support through the courts if the father has acknowledged paternity. If not, she could demand an Order of Parentage that would entitle her to child support from a man proven to be the father of her child.
A father who proves his paternity could seek custody and visitation rights through the courts. If the mother objects to the father having these rights, an attorney in Boston could help her establish that the father’s involvement does not serve a child’s best interests.
Mother’s Rights and Divorce
In a divorce, the law does not favor either parent regarding children of the marriage. Physical custody, which relates to where the child lives most of the time, and legal custody, which indicates who makes decisions regarding the child, could be split between parents. A Boston lawyer can advocate for a custody arrangement the mother believes is right for the children.
Massachusetts General Laws c.208 §31 prefers awarding joint legal custody to divorcing parents. Before the court decides, parents are granted joint legal custody by default. Parents with this custody arrangement must resolve issues concerning the children’s religion, education, health care, and other important matters together. Similarly, courts typically choose to split parenting time with the children as evenly as possible. However, a skilled Boston attorney could help challenge this to maximize the time that a mother can spend with a child.
Seeking Sole Custody as a Mother
Mothers could seek to limit a father’s contact with children if the circumstances merit it. While courts usually decide on equal custody when child safety is not an issue, a mother might be able to limit a father’s time with a child if they demonstrate that the father poses a threat to the child’s wellbeing. This is often due to a father abusing drugs or alcohol, associating with undesirable people, or being a neglectful or abusive parent.
If a mother has experienced domestic violence at the hands of a father, she could seek a protective order from a court. If a child witnessed an incident or if a father physically harmed a family member, the protective order might bar the father from having any more contact with the mother or children.
In other circumstances, a mother could push for all visitation with a father to be supervised. The supervisor could be a grandparent, another relative, a visitation center, or someone that a court appoints to ensure the children’s safety and the father’s appropriate behavior during visits. A lawyer in Boston could fight to ensure a child’s safety and a mother’s rights in any situation involving domestic violence or child abuse.
Work With a Boston Mother’s Rights Attorney
If you are divorcing or trying to get support from your child’s father, you need guidance from a legal team committed to helping mothers and children in similar situations.
A Boston mother’s rights lawyer understands the pressures you are under as you try to do what is best for your children. Call today to speak with a compassionate legal professional.
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One question is often asked when you divulge your divorce: “You have a good lawyer?”. I have a good lawyer.
Attorney Benjamin always returned an inquiry whether by phone or email, which I greatly appreciated. I was always informed every step of the way. Meeting in person was always friendly and informative. I highly recommend him.
James Benjamin was my attorney for a divorce that was long and complex.
He is professional, kind, and very good at explaining the different options and what he thinks is the right way to tackle something.
He helped me get through a very difficult situation and helped me to advocate for the best interest of my child. I found him to be honest and straightforward in figuring out what to do.
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The firm was always available to address my concerns. My email and phone calls were replied to /answered promptly. They have my utmost recommendation. My case went smoothly and timely.
I had a complicated and acrimonious divorce that had been lingering in the courts for over 2 years. Within a few months of taking on my case, James was able to reach a settlement agreement. He was also the only attorney I dealt with, over the course of the case, who I felt truly understood how important it was for me to continue to be an active parent for my children, and also understood what this practically entailed for the settlement terms. I will be forever grateful for his considerate and professional management of my case.
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Attorney Benjamin comes highly recommended! He is knowledgeable in family law and relentless in his defense of your rights. He recently represented me in a child support matter and did so effectively. I will be seeking his services in other upcoming matters as well.
Jacob helped me during one of the most difficult time in my life. His understanding and dedication to my divorce helped to make it a little easier. He is also fluent in Spanish which was a big plus; do to my emotions every time I couldn’t explain myself he would talk to me in Spanish and that would make me smile and it would help me relax. Jacob is not only a great attorney but an excellent human being.
I was fortunate to find James. He recently helped me with complex family financial legal issues. He is very technically knowledgeable and(as the review below states): “he is impeccable in his follow through” – he never left me hanging without returning calls or getting things done and was very always supportive. I have been a CPA for over 35 years and have worked with many lawyers. He is unquestionably one of the most competent attorneys I have met, while, at the same time, also being the most responsive to his clients’ needs. I felt protected and understood.
I hired Jacob D. Geller to help me to remove the conditions of my Green Card, based on divorce (divorce after a good-faith marriage). Jacob was transparent, confident, and accessible through the entire process. At the end, I had the conditions removed, even without the need to go for the famous interview with an immigration officer, which saved me a lot of worries. I am deeply tankful for his professionalism and commitment with my case. I highly recommend Jacob D. Geller and his team to work on your case.
James Benjamin served as my mother’s divorce lawyer in Boston, MA. From the very start he presented us with various options on how to tackle it while always giving his guidance on what he felt was the best option for her, but still allowed her to make the final decisions.
My mom is extremely happy with the end results and would highly recommend his services to anyone. He always responded promptly whether by email, text, or phone call. He explained the situation and any terms, new vocabulary and even the possible outcomes of how the case could go. He dealt with everything so we would not have to and we are extremely appreciative of it!
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