Child Custody: What Mothers Need to Know

Child custody is a legal term that translates to the care and supervision of a young individual by a parent or another adult with the legal authority to do so. The relationship between the child and the adult involves legal and practical aspects. The laws that regulate child custody are complicated and differ from one state to another.

The Child’s Best Interests Standard is a common criterion that affects how most states determine which parent should have custody of their child. This criterion assesses diverse facets that influence the child’s well-being and joy. For this reason, the child’s best interests will probably override the parent’s wishes or demands.

The difference that exists between physical and legal custody is significant to understand. We can define physical custody as the time you spend with your child in person. In such a moment, you make fundamental, everyday parenting decisions when you have physical custody of your kid. 

However, having legal custody translates to having the authority to decide on significant endeavors for your child. These include matters related to education, healthcare, religion, etc. Even if either parent has the primary physical custody, both parents usually share joint legal custody.

First, the court will examine the child’s legitimacy before deciding on the mother’s rights to child custody. The regulations for child custody that apply to single parents may differ, depending on the location. The process of determining child custody can become more complicated if the child is not born within a marriage. Establishing parental rights is essential in such scenarios.

The unmarried mother possesses the legal right to keep the child. However, there are situations where this may not be good for the child. Then, the child’s unmarried biological father can request the right to keep the child.

The mother, being the principal caregiver of the child, has the complete legal power to make all choices related to the child’s well-being. Some examples are:

• The right to determine who can visit their child and for how long
• The right to choose where the child lives
• The right to register the child into any school or educational center of their preference
• The right to make the child’s medical decisions, with the hope that it is in the child’s best interest
• The right to receive public benefits for their child, such as food assistance
• The right to decide extracurricular activities, religious affiliation, and travel

Broadly, the mother can choose any vital aspect of their child’s life, as any parent with legal custody can. However, for a same-sex marriage, where a child would have two mothers, the law is not yet as established and straightforward as it is for heterosexual cases.

Hence, it is difficult to identify an essential factor when determining the custody rights of two mothers. The same basic principles will apply and probably will not influence the rights of the parents in such a situation.

What Factors Influence the Maternal Rights of a Child Born to a Couple Who Are Married?

One significant aspect to consider is related to the presumption of parentage. It translates to the fact that a child born to married parents is automatically the biological offspring of both the mother and the father.

In the past, the courts tended to be on the mother's side when granting custody rights, but this is not the case recently. The reason is due to the changing gender roles and the increased contribution of women in the workforce. Therefore, a more significant percentage of custody laws are now gender-neutral, and these laws do not necessarily offer preference to the mother over the father.

As stated earlier, the child’s best interest standard is the basis for the court’s decision. The court will consider synonymous factors regardless of the state. Some of these are:

• The emotional and physical well-being of the child
• The quality of the parent-child bond with either of the parents
• The stability of the home situation of each parent
• Negligence of a parent to pay child support
• Each parent’s readiness to take responsibility for the child
• Any proof of violence or domestic abuse
• The child’s preferences if they are old enough to make confident choices

The procedure is similar if the couple who are divorcing adopted the child. Adoption establishes the legal bond between the parent and the child; therefore, any judgments regarding the custody of the adopted child are made in the similitude as they would for the biological child of the couple who are divorcing.

Is It Possible to Alter or Revise the Orders of Custody Issued by the Court?

The child’s parents should keep a courteous and cooperative rapport with the other parent of the child, as any apparent hatred towards the other parent of the child may hinder the custody claim of the hostile parent or even result in the reduction of their granted physical custody.

After finalizing it, parents must abide by all the terms in the order or contract. However, if there is a substantial change in the cases since signing the order, any court-decided child custody decisions can be altered or adjusted. Some of the situations in which a court will change an existing child custody order are:

• Either of the parents breaks the existing child custody order or is otherwise guilty of disobeying the order
• There is evidence of domestic abuse or child maltreatment in the home
• Neither of the parents has relocated, which makes the existing order unworkable
• Either of the parents can no longer care for the child
• The child’s needs have changed
• The existing order is no longer appropriate for the child’s well-being

The court can quickly revisit an order when both parents agree to the suggested alterations. Some places have a compulsory period before they allow a change of custody order unless there is evidence that the child faces urgent danger, which would justify a rapid change.

To change a child custody order, one needs to submit a request to the court. Notably, the exact process to change an existing child custody order is not the same in every state. 

Is it Possible for a Father to be Denied Access to His Child by the Mother?

Of course, there is a justification for that. The mother must show the court that the father is somehow unsuitable as a parent or that his involvement is not in the child’s best interest. It, however, depends on the specific child custody order; the mother has no right to take away visitation rights from the child’s father without court intervention.

However, if there is evidence of family violence caused by the father, then a mother may seek to stop the father from seeing the child through a child protection order.

Do Some States Give Preference to Mothers in Child Custody Cases?

As mentioned earlier, in the past, mothers had more rights to keep their children than fathers did. Nowadays, most laws about keeping children do not favor one gender over the other, and the mother does not necessarily have an advantage over the father. However, the laws vary from one state to another, and some may give mothers more rights.

For example, when the parents are not married, some states assume that the mother has full rights to keep the child, while others do not make such an assumption. Therefore, finding out how your local area decides who gets to keep the child is essential.

Tips for Mothers to Achieve a Favorable Outcome in a Child Custody Dispute

Getting custody of a child is a similar process for both mothers and fathers. Thus, getting ready for your custody case is expedient by actively being part of it and collecting all documents or proof that may exhibit why giving you custody is beneficial for the child’s well-being.

Also, adequately prepare any documents or proof showing that the other parent is inappropriate or that giving the other parent custody is terrible for the child’s well-being. It is important to note and keep in mind not to do anything that might worsen your case, such as behaving aggressively toward the other parent.

Is Getting a Lawyer to Help with Getting Custody of My Kid Advisable?

The family law part that has to do with child custody is complicated and differs from one state to another. Therefore, you should seek proper advice from a professional and knowledgeable child custody lawyer.

“A skilled child custody attorney will ensure that you know your rights as a parent and your state’s laws on child custody,” says family law attorney, Galit Moskowitz, of Moskowitz Law Group, LLC. Moreover, they will assist you in making your case for child custody, prepare for any hearings, and defend you in court as required. 

Child custody is a legal term that refers to the care and supervision of a minor by a parent or another authorized person. The laws about child custody vary in each state and can be complex. 

The court deciding on child custody issues must follow the Child’s Best Interests standard, which examines various factors to ascertain which parent is more appropriate to have custody of their child. It simply means that the court will prioritize the child’s needs and welfare over the parent’s wishes or demands.

You need to understand the differences between physical and legal custody. Physical custody refers to the time you spend with your child in person. When you possess physical custody of your child, you make fundamental, everyday parenting decisions.

Legal custody relates to your authority to make relevant decisions for your child, such as those related to education, healthcare, religion, etc. Even if one parent has primary physical custody, both parents usually share joint legal custody.

The court will first and foremost assess whether the child was born to unmarried parents when deciding the mother’s rights to child custody. In most cases, custody rules that apply to single parents may differ based on jurisdiction. If the child was indeed born to unmarried parents, proving parental rights can make the process of proving child custody much more challenging. 

By law, the single mother has custody of the child automatically. However, there are situations in which this is not in the child’s best interest, in which case the single, biological father of the child has a right to seek custody.