What are the rights of a Mother in Child Custody?
By: Amit Sinha
Tags: Legal Services, Child Custody Lawyer, Legal, Child Custody Attorney, Child Custody Laws

Child custody is a legal term involving a minor’s guardianship referring to relationships both legal and practical amongst parents, or legal guardian, and a child. Complex child custody laws, as well as state laws in regards to child custody, differ from jurisdiction to jurisdiction.

Nonetheless, most decisions of states in regards to child custody are made based somewhat on the standards of best interests of the child, which considers varied factors in regards to the fittest parent receiving child custody. What this purportedly means is that the best interests of the child would most probably prevail over the requests and desires of parents.

It is crucial that one is aware of the disparity between legal and physical custody. Physical custody means being there in person with one’s child. When one has physical custody of one’s child, one is duty-bound to making basic parenting decisions daily.

Legal custody is about one’s right to making crucial decisions including education, healthcare, religion, and so on for one’s child. Although the primary physical custody maybe with one parent, legal custody is shared jointly by both parents.

While ascertaining the rights of the mother in regards to child custody the court would first look at whether the child’s birth was out of wedlock or not. Custody rules applying to unmarried parents frequently vary according to jurisdiction. If indeed the birth of the child was out of wedlock, along with parental rights one has to also establish child custody rights and the entire process can be quite complex.

It’s lawful to grant child custody by default to the unmarried mother. Nonetheless, there are in fact cases of negligence of the best interests of the child. Consequently, the child’s biological father has the right to pursue and stake a claim in custody.

The mother for all practical purposes is entitled to deciding vital aspects of the life of their child, similar to the decision of legal custody of any parent. In the case of same-sex marriages, there would be two mothers to a child; the legal discourse in this regard lacks clarity compared to heterosexual cases. Hence, it’s even tougher ascertaining relevance of custody rights of both mothers. Basically, the principles applicable would not affect parents’ rights in one-off cases.

How are a Mother’s Rights Determined for a Child Born to Married Parents?

Amongst the crucial factors to be considered is in regards to the assumption of paternity or maternity. What this means is that the assumption is that married parents giving birth to a child is both the father’s and the mother’s child.

While earlier the courts preferred the mother while granting custody rights, however these days this isn’t the case because of the fact that stereotypical gender roles are altering and increasingly women are stepping outside of their homes to go to work. Be that as it may, unbiased custody laws are in effect and these laws curb favoring the mother over the father.

Can a Mother Prevent Visitation Rights of a Father?

Yes, and with reason. The mother would have to prove in a court of law that the child’s father is unfit to assume parenthood, or that his involvement is a hindrance to looking after the best interests of the child. According to the particular order of child custody, the mother has absolutely no right of removal of visitation rights from the father of the child without the court’s intervention. Nonetheless, if it can be evidenced that the father has caused violence in the family then a mother can prevent a father’s visitation rights on the basis of a child protection order.

Suggested Read : What are the Signs You Need to Hire a Child Custody Lawyer?

Call 7604047601 for consultation with the registered expert child custody lawyers on Vidhikarya.