The Sol Mahoney Law Firm
Mother’s rights during divorce, and other family law cases, face the competing interests of the needs of the children and involvement of the father. When a court considers the issues of parenting time and decision making, it’s charged with evaluating the needs of the children and what may be in their best interests. Knowing that these are the factors a judge will be weighing can help mothers successfully focus their cases and obtain positive results for themselves and their families.
Mother’s Rights During Divorce
The time a mom gets to spend with her kids is precious. During a divorce, it can feel as if that precious time is being threatened or taken away. Throwing terms around like “sole custody” and “visitation” only serve to make a mom’s fear even more real.
But in the vast majority of divorce cases these fears, while rational and understandable, are definitely overstated. Divorce courts try hard to impact and change the lives of the children as little as possible. Judges structure their orders to provide consistency for the family wherever it is possible.
Yet threats of “taking the kids away” stubbornly persist. Parents all too often try to use this threat as a means of getting what they want from the other spouse, be it more child support or a greater distribution of the marital estate or other motives.
While in the vast majority of divorce cases, threats to “take the kids away” are hollow and empty, they stir up fear and anger.
The trick is for the mom to know the difference between the hollow and empty threats and a courtroom reality. You can only do that by being well informed.
Lawyers can help by explaining to moms how a court reaches a parenting time decision, what factors it will look at, and what the real risks are. Only then will a mom move from fear of these threats to irritation that a spouse is lashing out in this uninformed manner.
The Sol Mahoney Law Firm is here to help, simply contact us via the method below of your choosing and we will be happy to assist you.