Mothers Rights in Divorce

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Taking divorce and then starting life anew is one of the biggest tasks for a woman. Still she goes through all the difficulties just in order to take care of her children and make them a responsible citizen of the society. It is the duty of the judge to see her efforts while raising a child. There are a lot of mothers rights in a divorce and a lawyer can help them understand all those rights in detail.

If an unmarried mother has a child, this mother routinely gets the child's custody. It is usually assumed that the mother has sole child custody, if there is no court orders that awards something else. The biological father of this child should prove paternity to avail visitation rights. It is necessary that the biological father should provide a modest amount to the mother of the child, or the court has to decide the amount of child custody. In such a case the non-custodial parent cannot refuse to pay the amount. In case he refuses to pay the amount, strict punishment would be given by law.

Mothers Rights in a Divorce regarding Child Custody

A mother has various rights during divorce for child custody. She can get a detailed knowledge about the same by consulting an experienced lawyer. Some of the rights that a mother has are given below:

• A mother has been empowered to demand physical custody of her child. In case the mother is awarded this custody, then it becomes her right to have the child reside with her.
• If the mother is given legal custody of the child, she can make decisions pertaining to the upbringing and discipline of the child. All the major decisions regarding the child's life are to be taken by the mother in this case.
• Sometimes the court may decide joint custody of the child. Then, the mother and father have to share the responsibilities regarding the decisions related to the child.
• The mother can file a petition to determine the paternity of the child.
• The mother can request the court to issue orders that the father should disburse some amount for child support.
• The mother can file a petition that requests the court to issue an order according to which the father must pay the health insurance and medical insurance of the child.
• The mother may file a petition which states that the court must order the father to reimburse the shared expenses that have accrued during the child's birth.

Mothers Rights in a Divorce about modification of court orders

Before taking divorce, a mother should make sure that she knows all the rights that she has. It is necessary because only then she can fight for herself and utilize her rights in the best possible manner.

Consider that a mother is undergoing the following:

• Interference or problems with visitation rights, or
• Having some issues with child support, like not receiving the money as decided, or
• Failure to resolve matters with the father on a friendly note

In any of the above situations, the mother has got complete right to approach the court, and try for modification of her rights through the judge.

In spite of such a right, it is advisable that each mother hires an experienced lawyer to safeguard her best interests. Prior to exercising her rights in the court, each mother must try to resolve the issues with the father in a positive and amicable mode. It must be kept in mind that this method is best for everybody involved and specifically the children. Children can show negative effects in their behavior in case they see their parents fighting all the while.

Favoritism towards Mother's Rights

In the past, the Tender Years Doctrine was adhered to by a majority of judges. As per this doctrine, when a child is in the tender years, the judge favors the child's mother as the custodial parent. If all the facts regarding the mother and father are identical, then, the judge concludes that the child is better off with its mother.

With time, laws have been modified, and mothers and fathers are treated at par. However, it is found that judges tend to think that a child (and particularly a young child) is better placed with a mother.

Paternity Testing Divorce Rights for Mothers

A majority of states have granted mothers the right to demand paternity testing against the alleged biological father. Further the court orders DNA paternity testing, in order to find out if a man is the biological father of the child. When this step is complete, the next step for the mother is to procure child support from the biological father.

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