The Basics of Single Mothers Rights

Single moms have a lot of responsibilities to take care of, and one that should not be overlooked is understanding basic single mothers rights. With the high rate of divorce that the United States and many other countries possess, it is common for issues to arise in which custody battles may result. There are also unwed mothers rights to protect moms who have children out of wedlock. This article will provide you with the basic facts so you can keep yourself prepared and informed.

Single mothers legal rights, especially when it comes to custody battles, can be complicated, so it is often a good idea to seek the assistance of a professional lawyer. If you are a single mom, then you have certain biological rights to your children which are upheld in court. For example, in legal battles where custody is disputed children are almost always given to the mother. While this is not based on any particular law, it is most common for judges to award custody to the mother as long as they can prove themselves fit to take care of their children.

Child Custody

One of the most important single mothers rights is the right to have custody of her child. Even in cases where a mother is putting a child up for adoption, should she change her mind after the adoption process had already finished, there is a good chance that the courts will award her with custody over her child in the end. Both wed and unwed mothers rights are identical when it comes to having custody over their children, so whether or not you were ever married to the father is completely immaterial as far as the court is concerned.

The Basics of Single Mothers Rights

The only time when single mothers legal rights are challenged is when she is determined to be unfit to care for her children. If it has been proven that a mom has been purposely neglectful of her children, refusing to provide them with their needs or being abusive, there are cases where a court may take custody of your children. You may also be declared unfit if you have a mental illness that infringes on your ability to take care of your children.

Single mothers rights extend to how she decides to raise and take care of her children, this includes matters such as religious upbringing, the child's education, medical care decisions, and so on. In general as long as you are not breaking the law when it comes to these matters, you have the freedom to handle these matters as you personally see fit.

Hopefully you have found this article to be of assistance in helping you understand single mothers rights. No resource can be a substitute for a good lawyer in situations concerning custody and so forth, so if your rights are being challenged, see that you hire a good attorney.

The Basics of Single Mothers Rights

Looking for single parenting tips and help? Learn about single parent grants, financial assistance, daycare support and get tips and advice to help you face the tough task of being a single parent at singleparentingguide.com.

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Mothers Rights - Child Custody For Mothers

Mothers rights to custody and the standard by which custody determinations are made in the family courts has changed significantly over the last century. In the early 1900's, fathers were typically given custody of the children in the case of a divorce. In contested child custody cases today, in which the mother earns less than the father, it does not automatically entitle the father to custody of the child in the event of a divorce.

Following the standards in the early 1900's which typically gave fathers custody of the children, states shifted to the tender years doctrine which presumed the mothers to be the primary caregiver. This standard changed yet again. Following the 1970's the tender years doctrine was replaced with the overall best interests of the child standard. The overall best interest of the child standard takes several factors into consideration and is supposed to guide the family courts in child custody determinations. Nevertheless, some family courts in the 20th century continue to favor the mother as the primary caregiver.

Child Custody

Mothers often provide primary care for their children and are often involved in the day to day responsibilities of raising and nurturing their children. While some mothers may be at a disadvantage financially at the beginning of their divorce, more mothers are becoming educated with strategies and information on how to enhance their custody case and how other mothers are obtaining custody of their children.

Mothers Rights - Child Custody For Mothers

Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. But when parents divorce and child custody is contested, the family courts are faced with the difficult task of determining where the child will live and what parenting arrangement is in the best interest of the child. Upon divorce, the best parent is generally having both parents involved. More and more, the courts are adopting this mentality and favoring frequent and continuing contact with both parents as the best arrangement for the child. Additionally, more and more mothers are taking on the same attitude for the benefit of their children and are benefiting from the shared parenting responsibilities as a result.

Copyright © 2008 Child Custody Coach

Mothers Rights - Child Custody For Mothers

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation issues, child custody evaluations, child custody mothers issues, and parenting. Custody Match is an online consumer and family law attorney matching service to help consumers find the right Southern California child custody lawyer.

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Basic Divorce Procedures in Wisconsin

Below are the most frequently asked questions we see about Wisconsin divorce and basic Wisconsin divorce procedures.

HOW DO I BEGIN DIVORCE PROCEEDINGS?

Child Custody

To begin a divorce, you must file with the Court a Summons and Petition for Divorce (generally referred to as the divorce pleadings). Your spouse must then be served with this Summons and Petition for Divorce within 90 days after filing. You can file a motion with the Court asking that this 90-day deadline be extended; however, it would be up to the Judge assigned to your case to decide whether or not to extend this deadline. There are two ways you can serve the Summons and Petition for Divorce on your spouse: (1) your spouse can sign an Admission of Service, or (2) a process server or a sheriff's deputy can personally serve the pleadings upon your spouse.

Basic Divorce Procedures in Wisconsin

WHAT DO I DO IF I AM SERVED WITH DIVORCE PAPERS?

After you are served with divorce pleadings, you should consult with an attorney to explore your rights and your options. Most attorneys offer a free initial consultation. Whether you retain an attorney or not, you should file a written Response and Counterclaim within 20 days from the date you are served with the Summons and Petition for Divorce. This must be sent to the Court with a copy sent to your spouse or his/her attorney. If you do not file a written Response, the Court could enter a default judgment against you in the future.

If you also want the divorce, you should also file a Counterclaim for Divorce. This means that if your spouse changes his/her mind in the future and asks that the divorce be dismissed, the Court could deny that request and grant you a judgment of divorce instead based on your counterclaim.

WHAT IF I DON'T WANT A DIVORCE?

Wisconsin is a "no fault" divorce state. The only basis for a divorce in Wisconsin is that the Court finds that your marriage is irretrievably broken and that there is no likely possibility of reconciliation. Because it takes two willing people to have a marriage, the Court will most likely grant a judgment of divorce even if only one party wants the divorce as long as one party testifies that he or she feels that the marriage is irretrievably broken and that the marriage cannot be repaired.

HOW LONG DOES A DIVORCE TAKE?

There is a mandatory 120-day waiting period in Wisconsin during which your divorce cannot be finalized. Most divorce cases take between six months to one year to finalize. The time period can vary based on the County in which your divorce is filed and the issues involved in your case. The specific facts of your case will determine the timetable for the completion of your case.

HOW DO I SUPPORT MYSELF OR SEE MY CHILDREN WHILE THE DIVORCE IS PENDING?

In most cases, Temporary Orders are needed to determine where each party will live, when each party will see the children and how each party will be financially supported and pay bills. These Temporary Orders are Court Orders and can be determined by the Court's decision or upon an agreement (called a Stipulation) between the parties. These Temporary Orders remain in effect during the time it takes to complete your divorce case.

Temporary Orders could cover the issues of temporary custody, placement, support, maintenance, temporary use of personal property and/or bank accounts, temporary use of the marital residence, and temporary allocation of debts. While these orders are temporary and should have no bearing on the final outcome of your divorce, in reality, many courts continue temporary orders as permanent orders if they are appropriate in your case, especially orders regarding custody and placement of your children.

HOW DO I OBTAIN THESE TEMPORARY ORDERS?

To request Temporary Orders, you must file an Order to Show Cause for Temporary Orders and an Affidavit for Temporary Orders. These documents compel your spouse's appearance at a first or temporary hearing which is almost always scheduled before a court commissioner rather than a judge. This temporary hearing is usually scheduled within three to six weeks of the date you request a hearing depending on the County in which your case in pending.

Prior to the hearing, you and your spouse can negotiate terms of a Temporary Stipulation. These stipulated orders are done without the need for you to appear in Court and, when filed with the Court, carry the same legal protection as if you personally appeared in Court.

WHAT IF I DON'T LIKE THE COURT COMMISSIONER'S DECISION?

If you do not agree with the court commissioner's Orders at this first or temporary hearing or any other hearing before a court commissioner, you may request a Hearing De Novo before the judge assigned to your case. A Hearing De Novo is a hearing where the judge hears the matter as if it had not been heard before and is not supposed to give any deference to the court commissioner's decision. A Hearing De Novo must be scheduled promptly after the hearing before the court commissioner's (7 - 15 days in most counties).

WHAT IF MY SPOUSE LEAVES ME FOR SOMEONE ELSE OR IS LIVING WITH SOMEONE ELSE?

Because Wisconsin is a "no-fault" divorce state, one party's infidelity is irrelevant in most cases. The court cannot consider this fact in dividing property, awarding maintenance, setting support or other financial matters. It can impact on custody and placement issues, however, if the significant other has a negative or harmful impact on the minor children.

HOW ARE PROPERTY AND DEBT DIVISION, SUPPORT, CUSTODY AND PLACEMENT DETERMINED AT THE END OF MY DIVORCE CASE?

There are statutory factors that the court must follow when making decisions regarding these issues in your case set forth in Chapter 767 of the Wisconsin Statutes. Specifically, the presumption is for an equal division of property and debt. Child support is pursuant a specific formula set forth in the statutes. And, custody and placement decisions are based on a "best interest of the child" standard. However, there are exceptions to all of these rules and the court must follow the statutes when making any decisions.

WHAT OPTIONS ARE AVAILABLE TO AVOID A TRIAL IN MY DIVORCE CASE?

Your attorney should suggest options to the successful resolution of the issues in your divorce without the need for a court trial. For example, settlement negotiations with the parties and the attorneys, mediation and arbitration are all alternative measures that are common in divorce cases to help resolve conflicts.

Basic Divorce Procedures in Wisconsin

Wisconsin Family Law Info is a forum of up-to-date legal information related to all aspects of divorce and family law. It is our goal to provide meaningful, real time solutions and information to individuals in need of legal advice and fresh perspective. We understand that legal information and knowledge about your family law rights is critical when needing to make important decisions. We invite you to explore our Wisconsin Family Law Blog and research various topics on divorce, child custody and placement, child support, maintenance (alimony), etc. to better your knowledge about your legal rights.

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Joint Custody Laws - What You Need to Know About Child Joint Custody Laws

There are essentially 2 types of joint custody when it comes to the care of children in a failed relationship.

1) Joint Legal Custody

Child Custody

This involves both parents making the important decisions in the child's life, even though one of the parents may have sole physical custody.

Joint Custody Laws - What You Need to Know About Child Joint Custody Laws

2) Joint Physical Custody

This involves the child living with each parent in turn according to an agreed schedule.

The schedule will be decided upon by the court if the parents can not agree and the paramount issue and influencing factor is always what is best for the child.

Custody cases can be very troubling and traumatic for all concerned and can run for years. The emotional and financial costs can be very high and that is why agreement should be reached as to the custodial arrangements for the child if at all possible.

If this does not happen then the court will impose it's judgment.

There is a strong presumption of shared custody in about 35 states in the U.S. but this does not mean that this type of custody will necessarily follow. The court will look at both parents parenting skills and look for substance abuse issues and anything else which may render the parent an unsuitable parent for sole or joint physical custody.

For this reason forearmed is forewarned and any parent who is going through a failed relationship has a responsibility to do a little research on the whole area to allow them put their best foot forward and obtain joint custody of their child..at least.

Armed with this knowledge, particularly for the joint custody laws favoured by your state, will reduce some of the understandable anxiety in a very troubling time.

Joint Custody Laws - What You Need to Know About Child Joint Custody Laws

Learn more about joint custody laws and pick up your FREE Child Custody Essentials book at http://OnlineDivorceForms.net

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Irreconcilable Differences

There are many reasons why a marriage may not work out for a couple. The stress of handling lifestyles and personal choices that do not completely match often pulls families apart and leads to divorce. At times, it may be difficult for a couple to decide what the reason for a divorce is, and how to handle the proceedings. Settling for irreconcilable differences can be a way for couples to continue with their divorce and put a label on their need for separation.

If you are considering a divorce, professional legal counsel may be helpful.

Child Custody

Types of Irreconcilable Differences

Irreconcilable Differences

When a couple decides that irreconcilable differences are the reason for their divorce, they may not fully understand all the issues that can qualify for this category. Any disagreements that cannot be met with a compromise may qualify as an irreconcilable difference, and specifically include:

Physical separation for an extended period of time Financial challenges Personality conflicts Loss of trust Different interests of hobbies Mutual resentment Family problems or other domestic issues Religion differences Political conflicts Disagreements over long term goals

Going through a divorce can be challenging for any family. It is helpful to specify the reasons for your separation in order to come to terms with the change and move forward. Understanding the different terms used in divorce proceedings and how they may apply to you is a good way to ensure you are prepared for the transition.

Contact Us

If you or someone you love is preparing for a divorce, contact the West Palm Beach divorce attorneys of Klein & Associates, P.A.

Irreconcilable Differences

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Infidelity, Divorce, and Lawsuits - Understanding Alienation of Affections and Criminal Conversation

Information presented in this article is for informational purposes only and is not to be considered legal advice. Legal references in this article apply to laws in the state of North Carolina.

If you discover that your spouse is/was involved in an extramarital affair or another third party's actions have threatened the stability of your marriage and/or led to divorce, you may have grounds for a lawsuit in North Carolina. North Carolina is one of few states that recognize alienation of affections and criminal conversation as torts, or wrongdoings that allow the plaintiff to recover damages. The basis of such laws, point to a type of injury or loss that occurs to the innocent spouse when a third party acts in a manner that is destructive to the marriage.

Child Custody

The foundation of a criminal conversation claim is injury, loss, or damage based on actual sexual intercourse between the plaintiff's spouse and the third party (defendant). Under North Carolina law, each provable act of intercourse gives rise to a separate criminal conversations claim. In order to recover damages on the basis of criminal conversation, you must prove that: 1) the act of sexual intercourse took place between your spouse and the defendant, 2) you have a valid, existing marriage, and 3) the adulterous act or acts took place within the three-year statute of limitations. Consent by the plaintiff to extramarital sexual intercourse is the only viable defense to a criminal conversations claim. Ignorance, seduction, marital instability, and even separation are not valid defenses.

Infidelity, Divorce, and Lawsuits - Understanding Alienation of Affections and Criminal Conversation

Alienation of affections is somewhat more difficult to prove than criminal conversation. The basis for this claim is that a third party (defendant) acted with intention, in such manner, as to alienate the innocent spouse from the affection of the other spouse. This claim does not have to be based on adultery, and can therefore be brought against lovers, clergy, family members, or anyone who intentionally seeks to break up a marriage. To successfully bring this claim, the plaintiff must show that: 1) there was some degree of love between the married couple, 2) he/she suffered loss when the love was alienated or destroyed, and 3) the third party's (defendant) intent was to alienate or destroy the marriage. Though intercourse may strengthen the claim, proving "intent" opens this claim to several defenses. Like criminal conversation, alienation of affection has a three-year statute of limitations.

North Carolina jurors have been very generous in deliberating in favor of the innocent spouse. In rare cases North Carolina jurors have awarded damages in excess of million for the plaintiff. Typical damages are awarded in amounts ranging in the tens of thousands.

Infidelity, Divorce, and Lawsuits - Understanding Alienation of Affections and Criminal Conversation

Alesia M. Vick is the lead attorney at the Law Offices of Alesia M. Vick in Knightdale, NC. She is a licensed and practicing attorney in North Carolina. She practices in the area of family law - divorce, separation, child custody, and adoption. Her written article topics include "Female Divorce Attorneys - Are They Better?" and "Dads and Divorce – What Today's Fathers Need to Know Before Entering the Courtroom". More about Attorney Alesia M. Vick can be found on her firm website at http://www.VickLegal.com

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Legitimation Under Georgia Family Law

Legitimation in Georgia is the legal process a father must take to obtain parental rights to a child born out of wedlock. Only the biological father can petition the court for legitimation in Georgia. Prior to legitimation, the mother is vested with all parental rights. It makes no difference if the father's name is on the birth certificate or if the child has the father's last name. In Georgia, an order of legitimation is necessary for the biological father to be recognized by Georgia law as the legal father. The father, however, has no absolute right to having his petition for legitimation granted. The mother can contest the legitimation in Georgia by alleging that the petitioner is not the biological father or that he is unfit. The court will decide whether the grant a petition for legitimation in Georgia based on the best interest of the child involved. An Atlanta family law attorney can guide you through the process of obtaining an order of legitimation in Georgia.

Once the father legitimates the child, the child and the father can inherit from one another as if the child had been born in wedlock. Going through the process of legitimation in Georgia is the first step to obtaining Georgia child visitation rights or custody in Georgia. It is important to note that a father is obligated to pay child support in Georgia regardless of whether he legitimates his child. This obligation can be established by a paternity suit in Georgia. Often, however, a Georgia child support order is established at the same time as the order of legitimation in Georgia. In fact, the new Georgia child support laws require that both parties to a legitimation action file a child support worksheet.

Child Custody

Courts often decide visitation rights in conjunction with a petition for legitimation in Georgia. Unless the parties agree otherwise, the court will typically order standard visitation. Standard visitation in Georgia includes every other weekend (usually beginning Friday evening and ending Sunday evening), alternating holidays and a few extra weeks during the summer months. An Atlanta family law attorney can advise you as to different options for visitation.

Legitimation Under Georgia Family Law

Generally, courts cannot decide issues of custody in a Georgia legitimation proceeding. The father does have an equal right to custody once he legitimates the child, but he must bring a petition for custody in a separate action. The exceptions to this rule under Georgia law are if the mother consents to consideration of custody, if there is no other legal guardian of the child, or if the mother is deceased.

As with other matters involving children, legitimation in Georgia can be a difficult process. It is always a good idea to have an Atlanta family lawyer on your side.

Legitimation Under Georgia Family Law

Mike Jonesan is a national lecturer on Georgia family law [http://blogs.law.harvard.edu/georgiadivorcelawyer/] issues. He is a resident of Marietta, GA.

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Child Custody - How Temporary Custody Orders Can Hurt You

Before a permanent custody and visitation order is issued it is common to have a temporary custody and visitation order issued. Parents may agree to visitation schedules and other restrictions that they would not agree to if the order were going to be permanent. But what does "temporary" really mean. Here's what you need to know.

The fact of the matter is that when parents first get started in a child custody and visitation case they can get lulled into a false sense of security. They want to make things a simple. Pleasant and easy as possible. They want to play nice and words like "temporary" are taken at face value. Parents are willing to agree to actions that they wouldn't agree to if the order were permanent, (like moving out, and taking the child only on the weekend) until a full hearing can be held.

Child Custody

The potential problem that they run into is that the final order could easily be 12, 18, or even 24 months away. If you end up with a custody battle you could end up going through a preliminary hearing, then mediation, then a Judicial conference, extended evaluation, and on and on.

Child Custody - How Temporary Custody Orders Can Hurt You

By the time you get 12 months down the road your temporary order has not only cost you a year of time with your child, but it also begins to look like a model for the permanent order. The word "temporary" can be very deceiving.

When it comes to custody battles you are far better off to set yourself up for success from the very start. Make sure that any temporary order contains your most important elements. Make sure that your life is arranged to reasonably accommodate your "temporary" visitation and custody requests.

Remember that even the most amicable of custody arrangements can turn into a disaster if the wrong buttons are pushed (new boyfriend, girlfriend, mutual friends fraternizing with the other side, etc). Once those buttons are pushed there is no turning back so get it off to a good start.

Child Custody - How Temporary Custody Orders Can Hurt You

Ed Brooks knows first hand how difficult "High Conflict" child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum http://www.child-custody-forum.com/ where parents can go to share their experiences, ask advice, and look for support.

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You Must Have the Faith of a Child - Mark 10:15, Luke 18:17

Mark 10:15 (New King James Version)

15 Assuredly, I say to you, whoever does not receive the kingdom of God as a little child will by no means enter it."

Child Custody

Luke 18:17 (New King James Version)

You Must Have the Faith of a Child - Mark 10:15, Luke 18:17

17 Assuredly, I say to you, whoever does not receive the kingdom of God as a little child will by no means enter it."

The faith of an adult and the faith of a child.

One of the main differences between an adult and a child is that when you are a child you don't cook, you don't go to work and you have someone else doing all the thinking for you. Life as a child sees you having a house in which to live with no expenses, food on the table three times a day and fun times with friends in the meantime.

As adults we have all the opposite. We have the stress of having to work to earn an income. We have to put the dinner on the table,and life cannot be spent just playing with friends. We have to prioritize what we do with our time. The more we play, the less money we have. The more we work the more money we have.

The world we live in is full of information and Christian books and technology and Mp3's and DVDs and all manner of things for a person to grow in the faith. But few adults approach the Christian life as a child. We like to search out information and we get an idea that we want to know something and we search for the answer.

An example in my life.

At one time the Lord Jesus gave me the three gifts of word of knowledge, prophecy and words of wisdom. I exercised them for a number of years and learned more and more about the gifts as I took a practical lesson off the Holy Spirit. I had no human teacher. I was like a child and was learning directly as the Holy Spirit and Jesus gave me messages to deliver to strangers and to people I know, and things went fine.

Then came the time when I wanted to know more about the gifts that I had already been given and the other nine gifts as well, so I went in search of a book on the gifts and spent heaps of my time reading in Christian bookstores and having much disappointment. To judge a book I simply looked up word of knowledge or prophesy in a book and read what they had to say on it. I figured if it taught me nothing on those two gifts then the information would be no good on the other seven gifts. I looked for over two years for a book as an adult with adult faith.

Faith as a child

One day I gave up the search and told the Lord I was not going to look for a book on that subject anymore. If there did exist a book He'd have to bring it to me. One day I went to a street outreach where one of the guys came up to me and said, "Have a look at this book." The title was "Gifts of the Holy Spirit", and it was by Dr D.G.S Dhinkaran, an Indian Apostle.

I asked my friend if it was a good book, and he told me it was awesome. I quickly read a little and I had to agree. I went out to a little shop 40 minutes away on the train and bought the book. I learned a lot from that book, and it is the only book that I recommend these days.

You see child like faith brings food to your table.

Adults decide on what topic they want to learn and go to a bookshop to try to find a book on that particular subject. But child like faith allows the Holy Spirit to find the scriptures that you need to know each day. When He wants a book to teach you something, He causes you to simply stumble across a book all about the subject of which you need to learn.

The food is most often the Word of God. If you would pray for at least an half hour before reading the Word and ask the Holy Spirit where you should read in the Bible, you will find that the Holy Spirit will serve up the scriptures and open your ears to understanding of those scriptures.

Psalm 16:7 (New King James Version)

7 I will bless the LORD who has given me counsel; My heart also instructs me in the night seasons.

The heart is the spirit of a man and that is where the Holy Spirit speaks to us. It is the LORD that gives us counsel regarding the ways we should go and the ways we should act. It's the Holy Spirit that is our Teacher, not men.

1 John 2:27 (New King James Version)

27 But the anointing which you have received from Him abides in you, and you do not need that anyone teach you; but as the same anointing teaches you concerning all things, and is true, and is not a lie, and just as it has taught you, you will abide in Him.

The Holy Spirit is the Teacher and we do not need men to instruct us. If we trust the Holy Spirit like a child would trust His parents to feed him, then we will find ourselves learning much more from Him than from men.

This goes for careers, friends, churches and all decisions.

We like to be adults and in charge of what happens to us, but having faith like a child is allowing God to lead us through the Holy Spirit. If you pray instead of making decisions on your own, you will find that God answers your prayers acts according to His will. Then your heart will be instructed in the night seasons by either God speaking to your spirit or even in a dream. If we allow the Holy Spirit to direct us we will get good counsel, but if we do it ourselves then we rely on our own faulty ways. The spirit works through the heart as I said:

Proverbs 3:5 (New King James Version)

5 Trust in the LORD with all your heart,

And lean not on your own understanding;

This means not to follow your mind and its ways but be like a child and let your spirit direct you through your heart. Allow the Holy Spirit to direct you through scripture before you make decisions.

The Lord will look after you. He promises if you have the faith of a child you will enter into His Kingdom. It's time to go with your heart and be a child rather then living like an adult in your mind.

You Must Have the Faith of a Child - Mark 10:15, Luke 18:17

If you have enjoyed my article you can read the book "The parables of Jesus made simple" for free here in its entirety or just selected parables in chapters at http://www.parables-of-jesus-christ.net/ The book will be published in book form in January 2011

For prophetic counsel, Christian life coaching, Dream interpretation, Christian chat and great Kingdom Teaching come and see us at http://www.kingdomassignments.com.au

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