Custody Rights of Mothers

Custody Rights of Mothers

Mothers and fathers both have a noticeable role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while calculating the custody of the child. Because a father earns more than a mother, it does not entitle him to get the custody of the child in the event of a divorce. This situation is changing in recent times. Child custody is being awarded to the parent keeping in view the best interests of the child.

in spite of of all the legal complications during a child custody trial, all 50 states within the US have statutes that clearly determine the custody rights of a mother. Mothers are often viewed as the dominant caretaker and the natural custodian of the child in situations involving paternity trials. In these situations mothers have the right to file a appeal against the father on behalf of the child asking him to prove whether he is the biological and legal father of the child or not. Once the paternity of the father is proven, mother has the right to ask for child sustain payment on behalf of the child. except this, she can also request the father to pay for the medical and health insurance of the child, proportion the medical expenses incurred on the birth of the child, pay a portion of the mother’s attorney fees and litigation expenses. Courts generally do not sustain the statement that a father need not pay for the sustain of the child.

except this, in situations where the father does not fulfill his responsibilities pertaining to parenting, mothers have the right to ask the courts to terminate the custody rights of the father. In such situations, the custody rights of the father would be transferred to another person chosen by the mother, if the father is found to abandon the child for a prolonged period of time. Mothers can already ask the courts to nullify the visitation and custody rights of the father, if they feel that their children are experiencing physical abuse and domestic violence. In situations where the physical and mental stability of the father is affecting the emotional and psychological development of the child, mothers can file a appeal before the court asking for move of custody.

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