Mother’s Rights During A Divorce

Every minute a mom gets to spend with her children is precious. During a divorce, it can feel as if that precious time is being threatened or even taken away. Terms like “sole custody” and “visitation” only serve to make a mom’s fear worse. But in the vast majority of divorce cases these fears, while very understandable, are definitely overstated. South Carolina divorce courts do their best to impact and change the lives of the children as little as possible. Judges structure their orders to provide consistency for the family wherever it is possible.

Yet fears of losing your children stubbornly persist and that is why it is so important to select a Charleston child custody lawyer with experience. The ex-spouse will often try to use these threats as a means of getting what they want from the other spouse, be it more child support or a greater distribution of the estate or even revenge.

The trick is for the mom to know the difference between the hollow and empty threats and a courtroom reality. You can only do that by being well informed by a legal professional. Charleston divorce lawyers can help by explaining to mothers how a court reaches a parenting time decision, what factors it will look at, and what the real risks are. Only then will a mom move from fear of these threats to irritation that her partner is acting out in such a negative way.

Child Custody or Parenting Time

The phrase “child custody” or “parenting time” means the time allotment for each parent to spend with their kids. A parenting time order consists of dates, times, locations, and sometimes directions as to conduct. For example, the schedule might give one parent every other weekend from Friday after school until Monday morning, plus one night a week. Parenting time is often broken out into regular parenting time, holiday parenting time, and summer parenting time. Each period has its own schedule. However, parents, lawyers and courts often highly customize these schedules so as to fit the best interests of the parents and children.

Decision Making

Decision making responsibility for children is also allocated between the parents in South Carolina divorce cases. The phrase “decision making” refers to the major life decisions for children after a divorce, such as education, religion, health care, etc.. Decision making may be awarded to the parents jointly, solely to one parent, or it can be allocated based on the subject matter.

Child Support

Child support obligations are very common in Charleston divorce cases involving children. Very rarely is there a family law case where there is no support order. In Charleston family law cases, child support is calculated based on a strict formula. The formula is based on several factors including incomes of the parties, the number of overnights each parents gets with the children, and any work-related childcare expenses.

Domestic Violence

Domestic violence is a very serious matter. In divorce cases, violence between the spouses is all too common. This violence can impact everyone involved and result in tragic consequences. Protection Orders can help victims gain some independence and space from the abuser. While not perfect, these Orders often provide the best protection possible.

If you need to talk with someone about your rights as a Mother in a divorce, please call a Charleston child custody lawyer today at: 843-722-5354 or by filling out this simple form.