Motherhood brings a range of important rights and obligations. While the law does not favor one parent over another, mothers naturally have some inherent rights that a father might not initially have.
If you have important questions about your rights as a mother, a dedicated family law attorney could help. Your attorney could assist you in maintaining custody of your child and ensuring that their interests are protected by the court. Let a Pearland mothers’ rights lawyer advise you on your options moving forward.
When it comes to the custody of a child, those rights rest exclusively with the mother when she is unmarried. She has sole custody until the point where the father establishes his paternity. Only then will the father have any rights related to how the child is raised. Additionally, until paternity is established, a mother has the sole right to determine if the father is allowed to visit the child.
These rights often change once paternity is established. Once the father is legally identified, the courts generally sets out custody and visitation rights. Establishing paternity does not automatically grant the father rights to see the child, however. The mother could retain sole custody if they can establish that sharing physical custody with the father is not in the best interests of the child. An attorney in Pearland could help an unmarried mother protect her rights and children during any court processes.
Allegations of domestic abuse could have a dramatic impact on the custody rights of a child. According to state law, the courts cannot order two parents to serve as joint conservators if one of the parents has a history of domestic violence. This abuse could be sexual, physical, or emotional. It could also target either the child or the other parent. In these situations, the court may place limits on the access this is parent has to their child for parents. It is important to know that the court could find that a history of abuse exists even without a prior criminal conviction.
While a mother who is a victim of domestic abuse may not be able to prevent the other parent from seeing the child entirely, the still could request limited access to the child or supervised visits.
If a parent with a history of domestic violence wants visitation, they must prove that access to the child would be in this child’s best interests. Additionally, this parent would have to establish that the child’s physical or emotional health would not be at risk.
For many mothers, the thought of sharing child visitation with an abusive partner or former spouse could be too much to bear. Given what is at stake, the guidance of an experienced mothers’ rights attorney in Pearland is vital when these disputes arise.
As a mother, you enjoy certain legal protections when it comes to the custody of your children. Make no mistake, there are important steps you should take to protect these rights. Given the importance of your relationship with your child, it could be a mistake to take on this process on your own. Call a Pearland mothers’ rights lawyer today for assistance.