Minneapolis Mothers’ Rights Lawyer
A mother and father have legal rights to their children. In the case of a child being born out of wedlock and a Recognition of Parentage wasn’t established, the mother automatically has sole physical and legal custody of the child. However, a mother’s rights can be taken away if it is shown she is unfit to care for her child or abandoned her child. Her rights can also be challenged during a divorce, which is why a competent and aggressive Minneapolis mothers’ rights lawyer is needed for guidance and advocacy.
Helping You Navigate The law
Minnesota’s divorce law and family law is gender-neutral, which means neither parent has an advantage in a parenting time or custody proceeding just because of gender. If the father brings an action against the mother to establish legal or physical custody, the mother isn’t given preference. The only time the mother is given preference is when there is no evidence that the man claiming to be the father is the father.
A mother also has the right to bring a case against the father for such things as establishing child support.
When a mother’s rights to her children are challenged, the court will take into consideration the relationship she has with the children. It is also considered whether the mother’s care is critical to the well-being of the child. The court must understand why it is in the best interest of the child or children to remain with the mother instead of the father for reasons that go well beyond gender. This is done using the “Best Interests of the Child Standard” that was updated from 13 factors to 12 in 2015. The factors taken into consideration are:
- Physical, emotional, spiritual, and cultural needs of the child
- Special mental health, medical, or educational needs of the child
- Domestic abuse issues
- Preference of the child if they are of an age where they can make that decision
- Physical, chemical, and mental health of the parent
- History and nature of care
- Effect on the significant relationships of the child
- How changes to home, community, and school affect the child
- How maximizing the time spent with one parent benefits the child
- Disposition of the parents to support the child’s relationship with the other
- Ability of each parent to raise the child
- Ability of each parent to reliably meet the needs of the child in the future
These factors are used when one parent challenges the other for custody of the child. These factors can be used in a divorce case or in a case where the parents were never married. Custody issues can even come about years after the divorce decree has been finalized.
There are also issues of child support. If the mother’s financial situation has changed, she may be able to petition for additional support to help her take care of the child. The opposite can also exist. If it’s the mother paying child support and circumstances change, she can petition for a reduction in support. A reduction can also be requested when the mother’s parenting time increases.
Advocating For Your Rights
No matter the issue, Mr. Burns will advocate for your rights. Mothers aren’t immune from some of the challenges faced by fathers and Minnesota’s law recognizes this. With a powerful, yet compassionate, advocate in your corner throughout the process, you are increasing the chances of obtaining the result that you are looking for. You don’t have to face the process alone.
Contact A Minneapolis Mothers’ Rights Lawyer
Both parents have rights to their children. While paternal rights issues are common, the other end of the spectrum is mothers’ rights and the matters that need to be addressed when those rights are challenged. If you are a mother whose rights are being compromised in any way, you need the help of a qualified family law attorney. Call the Burns Law Office at 952-898-6834 to request your free consultation.