Westborough Mothers’ Rights Lawyer
In the past, the courts often seemed to favor mothers over fathers when determining custody. That was greatly the result of the fact that most mothers did not work so their primary responsibility was caring for the children and the home while the father worked. The court would often believe that a child required consistency and put a great deal of weight on which parent was the primary caretaker during the marriage. However, the law in Massachusetts has changed so that there is no presumption that a mother is automatically a better caregiver than a father. Additionally, many Judges have taken the view that, when a relationship ends, there are many things that need to change. They see it more important for the children to have a consistent and substantial relationship with both parents rather than the prior scenario of the mother being the primary caretaker and the father being the every-other-weekend parent. As a mother, if you believe it is best for your children to live primarily with you or for you to have sole legal custody over your children, you will have the burden of proof if the father does not agree with you.
With over 35 years of combined family law experience, our attorneys at O’Connor Family Law are prepared to fight and protect your rights as a mother. One of our caring Westborough mothers’ rights lawyers could assess your custody situation and determine how to best handle your case.
What are a Mother’s Rights to Custody?
Very few things are more stressful than the thought of losing precious time with your kids. In a custody dispute, you may face allegations from the children’s father about your fitness as a parent or threats of the withdrawal of financial support if you do not agree to a shared custody arrangement. Some fathers may try to become a ‘super dad’ in front of the court to prove their parental fitness, even if their involvement with your kids before the divorce was minimal.
Attempting to manage these threats and tactics on your own can be overwhelming. Fortunately, an attorney can advocate for a mother’s rights by helping her paint an accurate picture of each parent’s role in the children’s lives and responding to any unfair accusations against her. However, it is very important to ensure that these arguments are heard right from the start of your case, so if you have a situation where you believe your children will not be served best by a shared custody arrangement, you should hire an attorney as soon as possible.
Additionally, as a mother, you have the right to seek sole legal custody if you believe your children’s best interests are better protected in your care or if the father has acted in a way that is harmful to you or your children. You also have the right to seek restrictions on your children’s time with their father if you feel his behavior is harmful to them, whether that is by having limited time, supervised visitation, or a temporary suspension of visits while the father can seek treatment for things such drug or alcohol addiction. A lawyer can help you exercise these rights and protect your children.
A Mother’s Options in Situations Involving Domestic Abuse
As a mother, you have the right to protect your children from abuse, especially if this violence is coming from their other parent. There is nothing more terrifying than feeling as though you are handing your children off to someone who you believe could hurt them. Domestic violence, including physical harm or attempted harm, fear of imminent serious injury, and child neglect, is against the law. Swift legal action may be essential to preserve your safety and that of your children.
If domestic abuse is occurring, you can request a restraining order (also known as an ‘abuse prevention order’) and ask that the contact between the children and their father be limited or suspended. Alternatively, you may seek a court order requiring that all visits between your kids and the father be supervised by a neutral third party. A mother’s rights attorney in Westborough can propose the appropriate measures to prevent or stop domestic violence and guide you through your legal options.
We do not believe in utilizing restraining orders or alleging harm as a strategy to get an upper hand in a custody case; however, domestic violence is very real and can help bring the relief and protection someone victimized at the hands of their partner truly needs. We fight extremely hard for the people who need their voice to be heard.
Speak with a Westborough Mothers’ Rights Attorney
As a mother, it is essential to stand up for yourself in any court proceeding where your rights are challenged. A Westborough mothers’ rights lawyer could fight to protect your relationship with your children and to keep them safe in the future. Contact one of our firm’s attorneys today to discuss your options and a successful strategy for your divorce or custody matter.