Case Consultation
(423) 888-3030
The bond between a mother and her child is unique. As such, the exercise of a mother’s legal rights is critical to her child’s safety, well-being, and overall development.
If you believe your rights have been violated, you need an experienced Hamilton County mothers’ rights lawyer to fight for you. Our diligent family attorneys could do everything necessary to preserve your and your child’s best interests.
Even though state law now grants mothers and fathers equal custodial rights to their children, a mother can still request that she be the primary caregiver of her child if she believes the father is not an adequate caregiver. Additionally, if the father’s legal of unfitness is so severe that he places his child in danger, a mother could request that his access to his child be supervised or suspended.
When determining child custody, a family court judge must base their decision on the child’s best interests. In doing so, the court will assess factors like the strength of the child’s relationship with each parent, how well the parents communicate about the child, and in some cases, the child’s preferences regarding custody.
If a judge awards primary custody to a mother, she has the right to request a court order for child support. A family court judge will then assess the parents’ incomes, the child’s specific needs, and any other relevant factor to determine the appropriate amount of child support.
Asserting a mothers’ rights in custody and support cases can be challenging, particularly if the father has a history of unreported abuse toward her and the child. Therefore, a mother involved in a custody battle in Hamilton County is well-advised to seek guidance from a seasoned attorney to protect her rights.
Under Tennessee Code Annotated §36-2-303, an unmarried mother is automatically her child’s legal and physical custodian when the child is born. If the mother and the alleged father are not in a relationship, the mother does not need to seek a formal custody order to establish her custodial rights. However, if the father asserts his visitation rights, a mother may seek to establish his paternity before she agrees to him having contact with the child.
In Tennessee, both parents have an obligation to support their children financially. Accordingly, if a man requests a paternity determination and is adjudicated the child’s legal father, the mother has the right to request child support.
When considering spousal support and asset division, state law outlines various factors that typically apply to mothers. These factors include a mother’s nonmonetary contributions to her home and family. Additionally, when dividing a couple’s assets, a judge may consider whether a mother interrupted her career to further her spouse’s employment.
It can be challenging to place a dollar value on her nonmonetary contributions. As such, a mother might not receive a fair division of assets or an adequate spousal support award unless she aggressively advocates for her rights. An experienced lawyer in Hamilton County can represent a mother’s interests and rights and present evidence sufficient to support her legal claims.
When a legal dispute arises regarding your children, you may feel scared and overwhelmed. You might have questions about how best to protect yourself and preserve your relationship with your child.
A Hamilton County mothers’ rights lawyer is dedicated to protecting the rights of mothers. When you work with an experienced member of our firm, you can be confident that we will stand up for you and your children. Call today to discuss your case.