Unfortunately, the court’s idea of what is best for your child may not align with yours. Furthermore, the idea that a mother will automatically provide the best home for a child is no longer the default position in family courts, and the same can be said concerning the issues of alimony and child support.
A Cobb County mother’s rights lawyer could help you understand the new dynamic within the family court system. In the process, a dedicated family law attorney can work with you to enforce your rights as an equal parent during all child custody and support hearings.
Every separation of parents is not just a change in a family dynamic. If the parents are married, they must undergo the divorce process in a family court. Additionally, if two people were never married but share a child, a court must approve a parenting plan for the care of children following a separation.
Under the Official Code of Georgia §19-9-3(a)(1), all parents have equal rights and obligations under the law. This includes the right to child custody as well as the obligation to provide all necessary support for the raising of a child.
The court may examine numerous factors in determining what is best for a child. These include the ability of a parent to care for that child’s needs, the stability of their home life, and access to family support, but a parent’s gender has no impact on this analysis. A Cobb County mother’s rights attorney could help examine the laws concerning child custody and fight on a mother’s behalf to do what is best for their children.
While courts no longer automatically place children in the custody of mothers, the responsibility of both parents to provide child support has not changed. When determining a custody ruling, the court has multiple options.
The first is to grant one parent primary physical custody. As discussed above, this could result in the child primarily living with one parent during the majority of the year. The court may alternatively create a joint custody plan where the child splits their time between the two parents, which could be an equal split or a traditional plan of having the children in one residence during most school nights but alternating weekends and possibly weeks during the summer break or holidays.
If the court grants a majority of parenting time or sole physical custody to one parent, the non-custodial parent must pay child support. This applies regardless of the gender of the non-custodial parent. O.C.G.A. §19-6-15 provides the guidelines for how a court would determine this amount.
These orders carry the full weight of the law. A mother’s rights lawyer in Cobb County could help a parent ensure that any support order is appropriate, file motions in case of arrears, or defend mothers accused of not proving payment as required by law.
It is no longer the case that a court assumes a mother would provide a better home for a child or that a father must pay child support based solely on the genders of the parents. This means that mothers must now fight for custody of their children and must pay child support if the court requires it.
A Cobb County mother’s rights lawyer could help you fight for your rights as a parent and, if applicable, make the case that your child would have a brighter future in your care. An attorney could also help demand fair child support payments, make motions to hold fathers who do not pay responsible, and even modify existing orders if a change in circumstances requires it. Get in touch today to schedule a consultation.