Mothers Divorce Rights in New York

A New York mother and child spending time together.mother and child image by Andrejs Pidjass from Fotolia.com

New York law establishes specific rights for mothers in divorce cases in the state. The rights enumerated for mothers facing divorce proceedings cover issues ranging from custody of a child to ensuring that a mother receives appropriate financial support during and following the divorce.

Custody

A primary right a mother possesses in a divorce pursuant to New York law is to seek custody of her child. New York law theoretically places both parents on equal footing in seeking custody during a divorce case. A mother is not penalized in seeking custody because she works outside of the home.

In awarding custody, a court in New York considers what is in the best interests of the child. Factors used by the court to determine what is in the best interests of a child include which parent historically served as the primary caretaker of the child and the overall mental and physical health of both parents and the child.

A mother awarded custody of a child through divorce proceedings has the right to appropriate child support from the father. The New York Supreme Court adopted child support guidelines to determine mathematically the amount of money the father must pay to the mother in support of the child.

Depending on the circumstances of the parties, the mother may also be entitled to alimony, also known as spousal maintenance. The purpose of this type of support is to provide the mother additional funding to ensure that she maintains an appropriate standard of living as she transitions from married life.