Divorce Rights for Mothers

How Our Long Island Divorce Attorneys Can Protect Your Family

Going through a divorce is frequently difficult and confusing. This is true for both men and women. Women (who have left the work force to become the primary caregiver for the children) often carry an extra burden and may become insecure about their financial well-being and security. Men, on the other hand, may face unfair bias in the courtroom when it comes to child custody issues. During a divorce, you may feel hopeless and unable to make decisions that will influence your future and the future of your children. That’s why our Long Island divorce lawyers are here to guide you through every step of the legal process.

As a mother, you may face a variety of concerns during the divorce process, such as:

  • How much will a divorce cost me?
  • How will I afford/pay for my legal fees?
  • What factors determine who will get custody of the children?
  • Am I entitled to / will I have to pay child support?
  • Am I entitled to / will I have to pay spousal support?
  • Will I get to keep the house? If not, where will I live?
  • Can I afford to keep the house or should we sell it?
  • What will happen to our marital assets?
  • What are my rights to my spouse's pension?
  • Will I have sufficient assets and income to live on after the divorce is finalized?
  • What will happen to my medical insurance coverage after the divorce is finalized?
  • Who will pay for/be responsible for our credit card debts after the divorce is finalized?

Mothers Have The Right To Relationships With Their Children

The goal of any child custody arrangement should be to maintain a healthy and positive relationship between the child and both parents. Parental alienation is often caused by one parent who wishes to harm the other parent by destroying his/her relationship with the child(ren). For the sake of the child/children, this should be avoided at all costs. Instead, both parents should be willing to work collaboratively to create and maintain the best possible home environment for their children and the best possible relationships with both parents and with each other.

There are many groups and organizations fighting for the rights of mothers and fathers. These groups believe that the relationship between the parent and child (both father and mother) is extremely important for the well-being of the child. Joint custody frequently allows children to grow up in a in healthy living environment by fostering close relationships with both the mother and father.

Mothers’ Rights: How New York Law Determines Child Custody

  • Best Interests of the Child: In cases when parents cannot come to an agreement regarding child custody, a judge will determine if each parent is fit to care for the child. The judge will also determine which parent is the primary caretaker of the child. The judge will also decide whether the parents should have joint custody, and what visitation rights they should have. This is based on the best interests of the child.
  • Financial Support: Judges will determine whether the mother is financially stable and if she is able to provide a stable home environment, and if she can attend to the education, medical and other needs of the child.
  • Emotional Support: Judges will determine whether both parents will be able to provide proper and healthy emotional support because the court will look to see if both parents have made the child a priority.
  • Educational Support: Judges will determine whether the mother will ensure that the child does well in school and that she is responsible for seeing that the child maintains good attendance and passing grades.

If you are seeking primary custody, you must convince the judge that living with you is best for the child. Furthermore, you should be willing to work with and involve the other parent. Frequently, a judge will want both parents as involved as possible in the child's life. By prioritizing the child’s needs, you have a better chance of obtaining custody.

Contact our Long Island divorce attorneys to schedule your first consultation and see what Wisselman & Associates can do for you.