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Mothers facing the possibility of divorce or going through a custody dispute have rights when it comes to their children. These provide a mother with the opportunity to pursue custody or visitation with their children and ensure they have the chance to develop a strong bond.
The rights of the mom are only powerful if they are enforced. A skilled family law attorney at Schiller & Hamilton could advise a mother on what her rights are on and how they could be used. Let a Beaufort mother’s rights lawyer advise you on your legal options related to your children.
Maternal Rights in Beaufort
As a parent, a mom is entitled to seek custody or visitation of her minor child depending on the circumstances. The law does not favor the mother or the father in custody or visitation disputes, so obtaining access a child is never certain.
Relying on the guidance of a Beaufort maternal rights attorney could be an important step in securing custody or visitation of a minor child. If the court sees a mother as the best option for caring for a child, the judge could award primary custody. This outcome could ensure that a mom has the power to make the important decisions related to a child’s care.
Balancing Rights Versus a Child’s Best Interests
It is important to note that while a mother has rights regarding her children, they are not absolute. The court is bound by a standard known as the “best interest of the child.” Under this standard, a court must reach a decision regarding child custody or visitation based on what is best for the child as opposed to the wishes of any other party.
This means that a judge is not bound by the wishes of either parent. A mom may have the right to petition for custody or visitation, but the judge is required to make their decision based on what the child. A Beaufort attorney could help a mother and serve as her advocate during custody proceedings.
Establishing Paternity to Protect the Rights of a Mother
Before a mom can enforce her legal rights, she must first legally establish the identity of the biological father. This is not at issue in cases where both parties voluntarily agree on paternity, however if the suspected father refuses to voluntarily accept paternity, the court might get involved.
Either party, the father or the mother, is entitled to ask the court to establish the paternity of a minor child. Typically, this is done through a DNA test. If the test matches between father and child, a number of rights and responsibilities are put into place.
If paternity is established, a mother is entitled to seek financial support for the child. A maternal rights attorney in Beaufort could not only help with confirming parentage but also with pursuing a child support order as well.
Contact a Beaufort Mother’s Rights Attorney Today
Mothers have enforceable rights when it comes to access to their children. Although the court has an obligation to act in a child’s best interest, a mom could make a compelling case that primary custody is the best option for the child.
You could put yourself in the best position to protect your relationship with your child by speaking with a Beaufort mother’s rights lawyer. Call Schiller & Hamilton as soon as possible to learn more.