What Rights do Mothers have in Child Custody?

Child custody is a legal term involving a minor’s guardianship and is indicative of the legal as well as the practical relationship alike amongst a parent, or legal guardian, and a child. The complex nature of child custody and state laws differ based on jurisdiction. 

Nonetheless, in most states decisions in regards to child custody are made based on the Standards of  Best Interests of the Child, which takes into consideration varied aspects in relation to the fittest parent to get child custody. What this means is that the best interests of the child would in all likelihood take precedence over the requests or desires of parents.

It’s vitally essential to be knowledgeable about how physical and legal custody differ. Physical custody means a parent spending time with one’s child in-person. When one has physical custody of one’s child, one is responsible for making daily parenting decisions.

Legal custody concerning one’s right of making vital decisions for one’s child is in regard to a range of issues inclusive of education, healthcare, religion, and so on. While a parent may have physical custody of the child, joint legal custody of the child however, is shared by both parents.  

While ascertaining the child custody rights of the mother, what the court will first consider is whether or not the child was born out of wedlock. Custody rules applying to unmarried parents frequently vary according to jurisdiction. If the child was actually born out of wedlock, parental rights would have to require in order to establish child custody rights and that can lead to complications.

It’s the mandate of the law to grant child custody to the unwed mother by default. Nonetheless, there are one-of cases when it’s not in the best interest of the child to grant custody to the unwed mother. In such instances, the unwed biological father can rightfully claim or pursue child custody. Since the mother is primarily the child’s caretaker, she is fully legally authorized as a decisionmaker involving the welfare of the child.

In essence, its the mother’s right on deciding any vital facet of the life of her child similar to any parent deciding on legal custody. In cases of same-sex marriage, with two mothers to a child, the law is unclear unlike in cases of heterosexual marriages.

Therefore, it's far more difficult to ascertain what is a relevant and crucial aspect while deciding the custody rights in cases of same-sex marriages. Basically, what is applicable are the same basic principles and more than likely they will not affect or have any effect on the rights of the parents in similar situations.

How are the rights of a Mother Ascertained for a Child Born to Married Parents?

One of the main aspects that require consideration is paternity/maternity presumption. In other words, it's presumed that parents are married as and when their biological child is born and therefore the child is as much the mother’s child as the father’s. 

While previously the courts were in favor of the mother when custody rights were awarded, this is untrue though these days owing to the fact that gender-based roles are altering and women increasingly are working professionals. Given, the vast majority of custody laws are gender-neutral; in other words, the laws are neither biased towards the mother nor the father.

If the child was adopted by the divorcing couple, the process is the same. Adoption establishes a legal parent-child relationship; thus, any decisions regarding child custody for an adopted child are made in the exact same way as they would if the child were the divorcing couple’s biological child.

Can Court Custody Orders Be Modified?

It is in the best interests of both parents in maintaining a courteous and cooperative relationship with the other parents of the child, as an undercurrent of hostility towards the other parent of the child may hamper the intended custody claim of the parent or may even cause the physical custody time to be reduced.

As soon as a final custody order or agreement has been ordered, both parents ought to adhere to the conditions mentioned in the order. Nonetheless, any child custody decisions ordered by the court can be altered if there has been a material modification in situations from the time the order was finalized.

An order can be easily modified if the proposed changes are sought by both parents. In a few jurisdictions, a cooling period prior to a modified custody order is permissible the only exception is if the child’s imminent danger can be proven. In that case, an instant modification is warranted. The modification of a child custody order necessitates filing a petition. It's noteworthy that the specific procedure for modification of an existing child custody order does vary from one state to the next.

Can a Mother Curb Visitation Rights of a Father?

The mother has to cite sufficient reason for curbing the visitation rights of the father. It has to be proven in a court of law that the father as a parent is unfit or he getting involved is not in the best interest of the child. According to the actual child custody order, the mother cannot or does not have the right to revoke the father’s visitation rights without the court’s intervention. 

Nonetheless, if family violence can be evidenced as being perpetrated by the father, then a mother may rightfully seek that the father’s visitation rights are prevented by invoking a child protection order. 

Do some States Favor Mothers in Custody?

Traditionally, custody laws were biased towards the mother over the father. The vast majority of custody laws are gender-neutral, and legally the mothers aren’t favored over the father. Nonetheless, custody laws vary from state to state which in few instances favor granting custody to mothers. When it comes to unmarried parents, for example, in a few states, it's presumed that the mother by default is granted full custody of the child while in other states there isn’t any such presumption. Therefore, it's crucial to ascertain how one’s local jurisdiction views custody. 

Call 7604047601 for consultation with a registered expert child custody lawyer on Vidhikarya.