Archive for March, 2014

A Mother’s Rights in Child Custody

Wednesday, March 19th, 2014

The mother of the child has certain rights and obligations in a custody action, but all courts, in determining child custody, use the best interest of the child as the standard.

In many cases, the mother is granted physical custody of the child because the child is often more emotionally attached to her than the father, and mothers often receive custody in contested cases.

If a judge decides that it is not in the child’s best interest to grant sole custody to the mother, however, the court devises a custody regime that better suits the child and his or her needs.

When determining child custody and visitation schedules, the mother’s has the right

> to interact with her child or children during visitation;

> to schedule activities during times when she has custody;

> to be free from the father’s control, interruptions, or threats during visitation;

> to notify a judge or the police if the custody order is violated;

> to petition the court to enforce changes in a custody order or visitation schedule;

> to obtain an injunction in order to prevent the father from removing the child.

Because a mother’s rights in child custody often overlap with the duties and responsibilities of the father, both parents must cooperate in divorced parenting.