Attorney Cynthia Hawes Breaks Down Family Law Rights
- Grandparents must petition courts to secure visitation or custody, as rights are not automatic.
- Parents can seek child support help through state agencies, even without private legal counsel.
- Unmarried fathers must act quickly to establish legal parental rights after a child's birth.
Family law can be overwhelming, especially when it comes to child custody, support, and grandparents trying to stay connected with their grandchildren. Attorney Cynthia Hawes recently stopped by The Rickey Smiley Morning Show to help answer some of the most common legal questions families face and offered guidance for those navigating difficult situations.
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One of the first topics discussed was grandparent rights, an issue that Rickey Smiley said affects many families. Hawes explained that while grandparents do have legal options, those rights are not automatic.
Instead, grandparents must file a petition with the court and show that granting visitation or custody is in the child’s best interest. She also noted that laws vary by state, and courts generally prioritize biological or legal parents before considering grandparents.
Smiley, who successfully won grandparent visitation rights in Alabama, shared his own experience and acknowledged how difficult those cases can be. He also reflected on how heartbreaking it is when grandparents lose contact with their grandchildren after family conflicts or the death of a parent.
The conversation then shifted to child support. Hawes explained that parents who cannot afford a private attorney can still seek help through their state’s child support enforcement agency. While the process may take longer than hiring private counsel, she said the resources are available to help families establish and enforce support orders.
When asked about common mistakes people make while representing themselves, Hawes said many cases are delayed because the other parent is never properly served with legal paperwork. Without proper service, courts cannot move forward with a case.
The discussion also focused on fathers’ rights, particularly for unmarried fathers. Hawes encouraged dads to act quickly if they want legal custody or visitation.
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“Don’t wait,” she advised, explaining that fathers should begin the legal process as early as possible after a child is born.
Smiley echoed that advice, reminding listeners that being listed on a birth certificate does not automatically give an unmarried father legal parental rights. He stressed the importance of legally establishing paternity and obtaining a court order.
Another topic that sparked a passionate discussion was parental alienation, when one parent intentionally prevents the other from maintaining a relationship with their child.
Hawes called the practice harmful and selfish, explaining that children benefit from healthy relationships with both parents whenever possible.
Smiley agreed, urging parents to put aside personal differences for the sake of their children.
“I don’t care how much you dislike the other parent,” Smiley said. “If you really love your child, you’re going to make sure they have a relationship with their mother or father.”
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Throughout the show, Hawes also answered listener questions involving custody agreements, unpaid child support, grandparents seeking visitation, hidden income during child support cases, and situations involving mistaken paternity.
She explained that courts have legal tools, including the discovery process, to uncover hidden assets when determining child support and encouraged anyone facing a complex legal matter to consult an experienced family law attorney.
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Before wrapping up, Hawes left listeners with one final piece of advice: grandparents and fathers should not delay protecting their legal rights. Taking action early, she said, often gives families the best chance to preserve important relationships and create stability for children.
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