When a woman wants to file for divorce in the State of New York, there are several requirements which must be met to do so. New York State has varying laws and rules for spouses who wish to divorce. Additionally, both men and women are entitled to their own rights during and after the divorce. When filing for divorce, spouses will have to decide upon property and asset division, child custody and support, and spousal support. Vivien I. Stark is a New York City Mother’s Rights Attorney with over 30 years of experience.
There are rights that each parent has in these matters, as well. Historically, when a couple divorced, the courts favored the mother to have custody of the child. This is not the case anymore. Both mothers and fathers have equal rights to their children, though it seems there is still a bit of unspoken bias towards the mother.
Mothers’ Custody Rights in a Divorce
When determining custody for the child, the court will base its decision on the best interest of the child. It will also consider other factors, such as what the child wants, the child’s relationship with each parent, and the relationship between the parents themselves. Biology is not necessarily an essential determining factor in this case. Even if the father is a biological parent, if he was not there for a portion of the child’s life, he will have significantly decreased rights.
Likewise, even if the mother of the child fights for custody, if she has been shown to be an unfit parent, the court will place custody with the other parent. With so much on the line, it is important to seek adequate representation to protect your rights as a parent. In addition to custody, the court will determine visitation rights. The court’s goal is to disrupt the child’s life as little as possible, so it will usually try to spread custody and visitation as evenly as possible. This can prove tricky for the mother for many reasons.
There may be a history of abuse that has not been reported, or the father has not contributed to raising the child as much as he should have. In these types of cases, one parent will need to prove fault with the other. Obviously, some of these factors can be hard to prove. It is still in the parent’s best interest, though, to seek competent representation from a seasoned New York City Mothers’ Rights Attorney to fight for her side of the case.
Mothers’ Rights to Spousal Support and Asset Protection
There are other situations besides custody where a mothers’ divorce rights attorney may be needed. In some cases, especially those in a high net worth divorce or the woman has not worked for some time, it can be difficult for the woman to acquire adequate spousal support. The woman may have been a homemaker while married and needs to update her skills to find a job and support herself. On the other hand, the spouse who made income may try to claim that the other did not contribute financially and thus does not deserve alimony. More recently, there are many cases where the mother earns significantly more money than the father. In those cases, the mother needs to be represented to protect her assets.
It is also common for a spouse to try and hide or protect assets or property from being distributed to the other spouse. Whatever the case, a New York City divorce attorney can represent your rights to equitable distribution and spousal support. If you are a woman going through divorce and are having trouble with custody or spousal support, contact the law office of Vivien I. Stark, P.C. today. She is a compassionate family and divorce lawyer with over 30 years of experience. She serves New York City and isn’t afraid to fight for your legal rights. Vivien I. Stark is committed to her clients and will fight effectively for your rights.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.
The Law Office of Vivien I. Stark, P.C. can assist you with the following areas of child custody: