If you are divorcing or separating from your children’s father, you might be concerned about being treated fairly in your divorce. Mothers who gave up educational and career opportunities to raise their children might feel especially vulnerable, as they likely have fewer financial resources than the father.

A Wells Branch mother’s rights lawyer at Angela Faye Brown & Associates could provide vigorous legal representation as you settle matters with your child’s father and prepare to move forward with your life. Our dedicated team of family attorneys could ensure the court recognizes your contributions to your children’s wellbeing and position you for a successful life as a single parent.

Property Division Issues Affect Children

Texas Family Code §7.001 requires married couples to divide their marital assets equitably. In practical terms, equitable division means as close to evenly as possible and fair under the circumstances. When dividing assets, courts consider, among other factors:

  • Whether one spouse put their education or career on hold to raise children
  • Value of the childcare services a spouse contributed to the marriage
  • Each spouse’s potential earning power at the time of divorce

When representing a mother who has had primary childcare duties, a Wells Branch mother’s rights attorney will ensure that a court recognizes and considers the value of the services she contributed and sacrifices she made. A proactive legal professional also could highlight the law’s preference that children enjoy a post-divorce standard of living similar to that they enjoyed before the divorce. Focusing on the mother’s contributions could lead to a more generous property division order, which could mean more comfort and less disruption for the children.

Ensuring Appropriate Custody and Support Decisions

When divorces get bitter, fathers sometimes try to use the children to inflict pain on the mother. They might make allegations of abuse, unfitness, or inappropriate behavior. A tenacious mother’s rights lawyer in Wells Branch could vigorously counter false claims with evidence of the mother’s fitness and parenting skills.

Conservatorship/Custody

If the parents disagree about where the children should live most of the time, a diligent attorney could present evidence supporting the mother’s position. Ensuring a child’s routine remains stable is a factor the court will consider when determining the children’s best interest. A determined attorney could argue that receiving primary parenting from the parent who has been providing it all along ensures the child’s routine is minimally disrupted and is ultimately in their best interests.

Divorcing parents must agree on who has decision-making authority regarding the children, and courts favor arrangements where parents share this authority. However, joint decision-making might not be desirable or appropriate if a father has a history of overruling, controlling, or discounting a mother’s opinions or authority. In such circumstances, it is critical to inform a court that power dynamics between the couple make it safer for the mother and the children if she has sole decision-making power.

Child Support

Mothers are entitled to sufficient support to raise their children with a lifestyle similar to the circumstances they enjoyed when their parents were married. Although child support is calculated according to a formula, some fathers try to hide assets to limit their child support obligations.

Legal professionals who represent divorcing mothers can take aggressive steps to expose a father who tries to pay less than his fair share of child support. Using forensic accountants, tax experts, business valuation consultants, and other professionals, a committed lawyer could ensure a mother receives appropriate support to raise her children.

Rights of Unmarried Mothers

The law favors unmarried mothers in the sense that unless a father declares and acknowledges paternity, an unmarried mother is the sole legal parent of her child. The father does not have the right to assert decision-making authority or try for custody or visitation.

A mother who does not wish her child to have contact with the father could refuse to sign an acknowledgment of paternity. The father’s only recourse is to take the mother to court and undergo a DNA test.

If the test establishes the man as the biological father, he must pay child support and could seek to enforce other parental rights, such as decision-making and visitation. However, a court will only grant such rights if it feels they are in the child’s best interest. A well-practiced attorney in Wells Branch could help a mother evaluate whether receiving child support is worth the possibility that a court might grant other parental rights.

A Wells Branch Mothers’ Rights Attorney Is Ready to Fight for You

Having a legal conflict with your children’s father is intimidating for many mothers. They might worry that the father has an unfair advantage because of greater earning power or financial resources.

A Wells Branch mother’s rights lawyer at Angela Faye Brown & Associates could level the playing field. Protecting your need to be there for your children is our priority. Call today to discuss your case with an experienced legal professional.