Mothers' Rights

The law clearly states that both parents should receive equal rights in a divorce proceeding regardless of the sex of the person. However, the courts tend to interpret custody law in light of the Tender Years Doctrine, which favors the custodial parent of the child in the tender years. Many times, it is the mother who has been heavily involved during the first few years of a child's life. It is the goal of the judge to disrupt the child's life as little as possible, and the Tender Years Doctrine supports this mindset as well.

In determining custody rights, a mother has the right to file a petition requesting the court to determine the paternity of the child. The mother can also request the court to order the father to pay child support payments to her, as well as to pay for the medical and health insurance of the child. It is important for a mother to be informed on her rights regarding child support and custody so that she is not taken advantage of financially. A mother has the right to file a petition asking the court to force the father to cover the shared costs from the child's birth, as well as the legal expenses that have resulted from divorce proceedings.

In the history of divorces, the mother will usually get custody of the child in a divorce involving unemancipated children. This may change if the mother is proven to be incompetent in her ability to parent her child or children. Even though a mother has rights, it is impossible to guarantee that a judge will award custody to the mother in a divorce case. However, a mother always has the right to go to court and seek modification of her rights, support or custody arrangements. A professional divorce attorney has a thorough understanding of a mother's rights within her respective state and can help the divorce process go more smoothly and efficiently.

Protect your rights as a mother and find a family lawyer in your area!