Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization

When you are in the midst of a divorce or separation, as a mother, there are many issues that you may need to address. As a result, navigating through a divorce and fighting for rights that are in the best interest of your child can be a daunting and overwhelming experience. Many mothers not only have to worry about issues relating to custody or visitation but also financial support.

If you are a mother and are involved in a divorce or separation, call an experienced Ventura County mothers’ rights lawyer today to help you establish and fight for your family’s best interests. There could be various legal issues you must confront upon the breakdown of your relationship. A dedicated family attorney can help you through this process and protect your rights as a parent.

Mothers’ Rights When Domestic Violence is Involved

Abuse can come in many different forms. The California Family Code expressly defines the meaning of abuse as the intentional or reckless cause or attempt to cause bodily injury, sexual assault, or to place another in fear of such injury. Abuse can include a variety of acts such as hitting, threatening, or harassing someone.

If a mother is experiencing domestic violence, there are mechanisms and safeguards that the law provides to offer protection. In particular, a mother can seek intervention from the Family Court of California to obtain a domestic violence restraining order.

According to the California Family Code §6211, a mother can seek a restraining order from the Court if the abuse she suffered was from a certain category of persons. Some of these categories include the following:

  • Her spouse or her former spouse;
  • Her cohabitant or her former cohabitant;
  • A person that she is or was dating or with whom she was in a relationship;
  • A person with whom she had a child.

If a mother is experiencing some form of domestic violence, an experienced Ventura County mothers’ rights lawyer can help her apply to the courts to secure her right to a safe environment and home. The court can order various protections, including ordering the person not to contact the mother of her children or even to move out of the house. The court can also order payment of child and spousal support.

Financial Support for Mothers

At the end of a marriage or partnership, many financial considerations for the mother need to be addressed. Some of these financial considerations relate to support that is due to the child, while some of the financial support will be due to mothers.

A mother is entitled to receive child support from the father. Child support concerns a specific amount that the court will order a parent or parents to pay every month to support the child of the family and any living expenses of the child. To pursue a child support claim, it is essential to seek advice from an experienced Ventura County mothers’ rights lawyer to assist with the preparation of the necessary forms, calculate the amount of child support that may be due, and initiate and pursue the necessary court proceedings.

While a mother can try to come to an agreement with the father on the amount of child support that should be paid, if an agreement is not possible, a mother will be entitled to seek the intervention of the courts. In doing so, the court will turn to the statewide guideline to ascertain how much child support will be due. Calculating child support can be a complicated process, and a host of factors will be taken into consideration to make these calculations, including:

  • The current income or earning capacity of each of the parents;
  • The number of children;
  • Time spent with the child by each parent (known as time-share);
  • Health insurance expenses;
  • Union dues; or
  • Retirement contributions.

A mother is entitled to ensure that her child is provided for in the best possible way and to the full extent that the law will allow. An experienced Ventura County mothers’ rights attorney can assist a mother fighting for the best outcome in this regard.

Contact a Ventura County Mothers’ Rights Attorney Today

The end of a marriage or partnership creates complicated and challenging issues. However, having skilled legal representation can help you navigate the process. Call a Ventura County mothers’ rights attorney today and get the advice you need to secure your rights and the rights, welfare, and best interest of your child.

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