Albuquerque, NM 87102
Closed on Weekends
Mother’s Rights: The attorneys at the Gentry Law Firm, help women with a wide range of family law issues, including child custody, child support and spousal support (also called alimony). If you are concerned about your post-divorce relationship with your children and how you will support them financially, our family law attorneys are here to help you make sound legal decisions that set you up for a brighter future.
While Courts favor co-parenting after divorce, there are occasions when a father attempts to assert his rights by filing for sole custody and attempting to show that a mother is unfit for custody. If you are a mother in New Mexico and your parental rights are being threatened by a former spouse or partner, our attorneys will aggressively advocate for your custody rights.
In most cases it is preferable for a father to have a relationship with his children, but unfortunately that is not always the case. If there is evidence of child or spousal abuse on the part of the father of your children, we will be your children’s advocates as we provide evidence to prove that it is in your children’s best interests that you be granted sole legal custody and primary physical custody of your children.
In situations where a child is born to an unmarried mother and the father is not listed on the birth certificate, most states acknowledge only the mother as the only legal parent. If you are an unmarried mother, our attorneys can help you ask the court for a DNA test to prove paternity and establish child support from the father.
If you are unmarried and have a child, the father may ask for a paternity test and attempt to establish parental rights. While this is desirable in most cases, sometimes a father who has not actively participated in raising the child asks for custody after several years without seeing the child. If the father cannot prove his active participation, courts often only grant visitation at first, but not custody. Our attorneys can help you protect your child and your custody rights as a mother.
In days past, custody was usually decided in favor of the mother because of “maternal preference”; doctrines built into statutory language. However, father’s rights activists have pushed to remove this preference from laws, and “maternal preference” doctrines have been removed from New Mexico statutes.
Today, New Mexico courts prefer children to have a relationship with both parents after divorce and typically award joint legal custody. This means that mothers and fathers must make decisions about their child or children together and neither parent can make a unilateral decision for a child.
We are family law specialists who understand how mother’s rights are affected by New Mexico statutory law. Our designation as family law specialists reflects our special training and experience in family law. We keep abreast of changes in New Mexico family law and always bring our best when we negotiate and litigate on your behalf. Contact us to learn more about mother’s rights in Albuquerque, New Mexico.