There are certain parental rights that are held by the mother of a minor child from the moment they are born. While the father can also secure rights as a parent, the immediate rights enjoyed by the birth mother are unique.
However, these rights are only useful if you take the necessary steps to enforce them. With the help of a knowledgeable family lawyer, you could ensure your rights are protected, and the relationship with your child is strengthened. An Ottawa mother’s rights lawyer at The Riley Divorce & Family Law Firm could help you protect yourself when it comes to legal matters involving your children.
Historically, it has been perceived that mothers are more likely to hold rights related to parenting time and decision making for a minor child. Despite this, it is important to understand that mothers do not hold any special rights compared to fathers in Ontario. When a court reaches a decision regarding parental rights during a custody case or divorce proceeding, they are required by law to treat each parent fairly.
It is also worth noting that while sole parenting rights are more likely to go to mothers, courts typically try to share these rights between both parents when it is in the best interest of the child to do so. An Ottawa lawyer could assist a mother with enforcing her rights and pursuing a favorable outcome when it comes to modifying parenting time and decision-making for a minor child.
When the paternity of a minor child has not been established under the law, the birth mother has sole parental rights. This is one of the few circumstances where a mother has more rights than the father of a minor child. However, enforcing the obligations that come with fatherhood is also not possible without a formal declaration of paternity. For that reason, establishing paternity is often the first order of business a legal professional will take on when it comes to enforcing a mother’s rights in Ottawa.
There are different ways to establish paternity. In some cases—like when the father is married to the mother at the time the child is born—the law presumes paternity. In these situations, there is nothing else that needs to be done.
In other cases, both sides might agree on the identity of the father. When this happens, the parents can sign a legal document acknowledging the father. Once executed, the courts will grant the father the rights and responsibilities that come with parenthood.
There are also times when one parent or the other will not agree to acknowledge paternity voluntarily. In these cases, the court must get involved. A judge will order the father to submit to a DNA test. If there is a match between the father and the child, the court will issue an order recognizing their paternity. A mother’s rights lawyer in Ottawa could assist with these legal proceedings.
As a mother, it is understandable for you to be focused on your rights related to your children. These challenges can be stressful, and conflicts can arise when you least expect them. That is why our firm offers 24-hour availability to our clients.
Do not face challenging custody issues on your own. Call an Ottawa mother’s rights lawyer at The Riley Divorce & Family Law Firm today.
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