Custody Rights of Mothers

Mothers and fathers both have a prominent 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 determining 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 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 primary caretaker and the natural custodian of the child in cases involving paternity trials. In these cases mothers have the right to file a petition 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 support payment on behalf of the child. Apart from this, she can also request the father to pay for the medical and health insurance of the child, share 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 support the statement that a father need not pay for the support of the child.

Apart from this, in cases 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 cases, the custody rights of the father would be transferred to another person selected by the mother, if the father is found to abandon the child for a prolonged period of time. Mothers can even 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 petition before the court asking for transfer of custody.

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