You may wonder who is more likely to receive custody of a child: the mother of father. If you had asked this question in the past, things would have been a lot different than they are today. Today’s courts are a lot different from ones of the past because they are looking to award custody to whichever parent has the best interests of the child at heart. In the past, if a child were under 5 years old, they would almost always stay with the mother of the child if the parents were to divorce. Now all states look at it this way: Whoever is able to provide the best interests of the child on an emotional and financial standpoint will be most likely to be awarded the most custody.
In some cases, a mother has more time and inclination to help raise the child or children. In these cases, a mother can ask if she can be awarded custody. Some fathers may believe that the judge is just siding with the mother because she is a woman, but this is not always the case. In fact, most of the time the judge will solely look at the fact that one parent has the best interest more so than the other parent. Both parents are able to request full custody depending on the circumstances surrounding the case. However, it will ultimately be up to the judge.
Full Custody in California
Each state is different about how it handles custody laws. In California, sole or full custody does not refer to custody that leaves out visitation. Visitation is typically just not enough to warrant a custody label in most cases. In California, most cases will consist of a percentage amount of custody, meaning that sometimes one parent will have 40% custody while another has 60%, which is much like joint physical custody. However, one thing to remember is that you should never get caught on labels and should be happy providing the best interests to the child during this time.
The judge will hear all about your case when you go to court for child custody. Here are some reasons why the mother may obtain full custody:
- The father may have been abusive to either the mother or the child.
- The father may have a substance abuse issue.
- They may have emotionally abused the children in the past aside from just physically.
- The father may be seen as unfit.
- There may be a flight risk involved.
Mother’s Rights in Regards to Child Custody
Mostly every mother has certain rights and obligations when it comes to their children. In some cases, children will be more emotionally attached to their mother and so the mother will be granted time; in other cases, it may be the father who is awarded more time. Here are the mother’s rights in a child custody and visitation schedule:
- Right to interact with her child during appropriate times
- Right to schedule activities when custody is had
- Right to be free from the father’s control and threats
- Right to notify a judge or the police if there is a violation of the order
- Right to petition the court to enforce big changes
- Right to prevent the father from transporting the child out of state
Every mother has rights, and this should be remembered. If you are a mother dealing with a tedious and complex custody case, you need us on your side through it all. Call The Law Offices of Amy M. Montes for more information. We are here for you.
