Defending Mothers' Rights in Tough Divorce Actions

Long Island family law attorneys fight for mothers' rights

The law firm of Bryan L. Salamone & Associates, P.C. has won custody for mothers in high-profile, tough cases, sometimes against the recommendations of the law guardian and psychologists. When the firm started handling mothers' rights cases, it was assumed the mother would obtain or retain custody in any given case, unless the mother had serious issues, such as:

  • Drug addiction
  • Mental impairment
  • A documented history of poor parenting
  • An otherwise negative history of parenting

This is no longer true. Over 80 percent of the almost 1,000 cases we handle each year involve custody disputes. It is now commonplace for the father to seek custody, or joint custody at the very least. This is partly because of a man's ability to work from home in this information age and partly due to changes in the law.

The firm's family law attorneys have championed mothers' rights and we understand the flaws and weaknesses in every fathers’ rights law/cases/strategy. If you want to protect your child or win custody, call our diverse legal team.

Cultural changes affect mothers’ rights

To complicate matters, a woman's position in the workplace has risen, in many instances, to being equal to that of a man. Both men and women work full time immediately after a child is born. Therefore, there may be a claim that the mother never actually had a chain of custody.

Child's age: a factor of influence

In determining a mother's rights, the age of a child is important. Children under two are almost never taken from the mother. It is almost a sure thing for a mother to obtain custody of her child, if the child is under two years old. Mothers are returning to natural breast feeding, which is dramatically increasing their ability to retain custody of newborns. A mother's bond with a child is not openly, but nevertheless obviously, recognized by all judges in New York.

Mothers also seem to be the preferred custodial parent for teenagers. A child who attains the age of 14 (sometimes earlier depending on maturity) may often have a say as to who he or she wants to live with. It is our experience that a majority of cases involve children who want to live with their mothers. Interestingly enough, more than half of teenage daughters state a preference to live with their fathers, while teenage boys state a preference to live with their mothers almost 90 percent of the time.

The Family Court's unspoken preference for the mother

Many custody cases include an unspoken preference for the mother to retain custody — it is subtle, but it still exists. And, in the event the parties do not agree and actually fight for custody, the father almost never gets joint custody unless the case is settled. If the case goes to trial, the father is generally relegated to visitation or winning sole custody.

Our firm is ready to fight for our clients who have mothers' rights cases. We have handled more custody cases and won custody for more moms than any other Long Island firm each year.

Retain a law firm with the experience and drive to win. Call now!

We are well-known for aggressive representation in the toughest divorce and custody cases. Contact Bryan L. Salamone & Associates, P.C. online for a free initial consultation with our skilled custody attorneys. If your case is urgent, do not email. Call us immediately at 631.424.3597.