The high divorce rates in the United States (and globally) give rise to many custody battles. Single parent rights include the need for unwed mothers to be protected when having children out of wedlock. Single mother’s legal rights in general can be especially complicated when it comes to custody battles, hence rule number one: find a really good lawyer.
First and foremost, a single mother’s rights are to have custody over her children. This may even include being allowed to reverse an adoption process, if she decides later that she not longer wants to give up her child. In this case, the legal system is most likely to swing in her favour and whether wed or unwed, her rights are the same in the eyes of the court. Single mother’s legal rights however, extend to her ability to parent her children whereas an unfit, abusive or previously negligent mother will start to forfeit many of these rights.
Single mothers are faced with many challenges, among which include juggling careers and parenting while most likely being vulnerable as a result, when faced with issues around legal rights. There are plenty of good support networks that have grown over time for single mothers to turn to and sources of advice such as help lines, meetings and government workers.
By seeking expert help when things go wrong by knowing her single mother’s legal rights, a mom can ensure that she is best equipped to know where she stands in regard to entitlements and other legal matters. When it comes to child support, the most important entitlement, the natural source is the biological father. In any state, single moms can apply for child support and a court order is frequently granted if required. Child support enforcement officers are employed to ensure that fathers pay by law and also assist mothers with legal representation.
Single mother’s legal rights: Custody
When it comes to custody, single mothers legal rights take precedent and they usually succeed. If a father’s case makes it to court which does not happen often, he has to go to great lengths to prove that the mother is unfit for childcare to be successful. There are legal rights to protect single mothers in these cases. Attorney and author Jean Mahserjian writes on tips for winning custody battles to guide parents on one of the most difficult issues they confront during a divorce.
Jean says that because frequently most parents want custody, they are willing to use as much resource as possible to win. Custody is in the interest of the children which means proving that one’s parenting skills are better than the other. For mothers who wish to win custody, she recommends some of the following tips to understanding single mothers legal rights:
- If at the time of the divorce you have not been involved in your children’s lives a judge will not grant custody
- Treating the spouse negatively in any way in front of the children will loose you custody
- Flexibility is essential, show that you can make the schedule work.
- Keep your children out of the legal battle and aspects thereof at all costs.
- Know what your children want when it comes to living arrangements unless its unsafe and inappropriate.
- Be honest with your attorney and hire a good one.
Single moms by law are required to be given assistance when it comes to housing. Low income single moms can approach the Department of Housing and Urban Development for applications and guidance. Single mothers legal rights extend to grants which may be attained to assist in rent and social housing schemes are also available.
Single mothers who are still legally married by whose husbands no longer live at home are also eligible for financial aid. Employers who discriminate when hiring single mothers are operating illegally and have free representation if their employers contravene this law. Agencies are available to assist with job advice and guidance.
In cases where there are allegations of child sexual abuse which arise in the custody battle, the protective single parent will be questioned, to be sure that they are not making allegations simply to win the case for both single fathers and single mothers legal rights. When the step parent wants to adopt your child, the candidate must be 18 and above and married to the parent with consent from both biological parents.
Choosing the right legal representation
Make sure that the lawyer’s expertise matches your needs. Lawyers who focus on personal injury will not be as effective as divorce lawyers or whichever area of representation your single mother legal rights may need reinforcing. Once you have found the expert in the legal field you seek ensure that they have a good track record of expertise. The longer they have practiced and gained experience, the more likely they will be qualified to assist you. Single mothers need to consider reputation and ensure that honesty and integrity are part of the package, that the lawyer has never had their license suspended.
Online resources for single mothers legal rights and representation information includes;
- The American Bar Association;
- FamilyLawCourts.com – A site that explains why family law courts by design, exist to generate income, and should not be the first place to turn, when seeking a divorce;
- Legal Resource Center – Repository of free forms, free software and free information related to the law and legal profession and
- The US Dept. of Justice – Pro-Bono Program for Immigrants.
Attorney Dianne Ophelia has been practicing Family Law, Divorce and Custody litigation exclusively for over 30 years and is considered to be one of the leading Family Law Attorneys in the Central Valley of California. While serving as a lawyer, Dianne discovered that the judicial system is lacking in certain areas where it should in fact be addressing client concerns. Due to matter such as lack of knowledge or inadequate financial support, many newly single good mothers and fathers loose custody battles. While financial matters in the divorce case linger attorneys continue to charge exorbitant prices. It is her aim to do her best to assist with both single fathers and single mothers legal rights.
The benefits of legal guidance and coaching
As a result, Dianne wrote a series of reasonably priced Divorce and Custody ebooks to assist in single parents in basic preparation for the litigation process. Attorneys like Dianne assist with telephonic and video one to one Personal Custody and Divorce Coaching services to help people through their actions and life changing experiences. Coaching assistance can also increase the case outcome dramatically while reducing attorney’s fees.
There are many attorneys such as Dianne in the USA whose goals match hers to foster a deeper understanding of single mothers legal rights and “assist people through the child custody and divorce process by empowering them with knowledge and the ability to protect their own interests both inside and outside of the judicial system. ”
She advises that “All suffering comes from attachment,” and that understanding this is the key for single mothers to release their suffering. In context to legal matters the children’s interests take precedent to any other aspects within the litigation process. At times, this focul point is lost in the painful attempt to divide up single mothers and father’s precious time with the kids. Dianne suggests that simply giving up extra days or vacations along with your own ego for the sake of a quicker resolution is the best choice to make, for both short and long term to help end the suffering of your children. There is plenty of support for single mothers legal rights, with the beginners pointers in this article, it should be a little easier to start your journey toward reinforcing yours.