In divorce procedures, neither the mother nor the father are automatically favored in matters of custody and visitation. However, for children born out of wedlock, mothers are automatically given full custody of the child, while fathers are not automatically allowed visitation or other legal rights to children.
At Henrickson & Sereebutra, our Marietta divorce lawyers help mothers take legal action to enforce their rights to custody and support payments. Many mothers face difficult situations in battles over custody and visitation, but also when it comes to securing family needs through child support and
spousal support payments.
Mothers with Children Born Out of Wedlock
If you are the mother of a child born out of wedlock with the father, then you automatically retain full rights to custody. You may enforce these rights through court action by petitioning for custody or visitation, especially when the father has not filed for legitimation. You may use a
paternity action to identify the biological father and legally enforce their financial responsibilities to you and your child.
Paternity actions and other legal enforcement procedures often require the presentation of evidence as part of the process, as well as correct completion of legal forms. Even if your situation seems easy enough, it is crucial that you seek legal guidance to ensure the procedure is performed correctly—and it is also important to seek legal assistance through a court rather than take matters into your own hands.
Mothers Engaging in Divorce Settlements
If you are preparing to begin a divorce or are currently involved in the process, then you may already know how difficult and taxing a divorce can be. Many obstacles may arise before, during, and after a divorce settlement has been arranged. As you and your ex-spouse move on in your separate lives, the shared responsibilities of custody, visitation, and support may also require changes to be made.
If the father of your child is not meeting the adequate arrangements of a settlement, you may petition a court to enforce the agreement or even make modifications. By going through the proper legal channels, you may ensure your relationship with your children is protected, and prevent unnecessary issues arising from attempting to work out arrangements without legal guidance.
Use the Law to Protect Your Rights as a Mother
There is nothing inherently illegal or wrong with working out custody and support arrangements with the other parent outside of court. At the same time, there is no inherent protection for either party in the case that one fails to meet their responsibilities. Mothers who engage in custody, visitation, and support payment arrangements without court supervision risk exposing themselves to abuses of privilege and unknowingly violating their rights under law.
With the help of a Marietta divorce attorney, mothers may ensure their relationship with their children are protected under law, and that their children's needs are met with the best intentions and actions possible. At Henrickson & Sereebutra, our team helps mothers enforce their rights and take legal action to protect the best interests of their children. Schedule a free consultation today and learn more about how our firm may help you secure your family's future!