Child Custody For Mothers--What You Should Know

Child custody rights are awarded by a divorce court to any family member or potential guardian that the court determines can provide for the ‘bests interests’ of the child. This can be a parent, step-parent, grandparent, or another legal gaurdian as prescribed by the judge presiding over a divorce case. Custody rights may be shared between both parents, or primary rights can be granted to a single guardian.

In days past, it was very common for family courts to award child custody for mothers rather than fathers. This is largely due to a gender stereotype that women have a greater inclination, more time, and a greater capacity for developing healthy relationships with their children than men. Now, courts will examine the fitness of each parent or potential guardian in careful detail to determine which parent will be most able to provide resources and foster a healthy relationship with the child. 

While the courts no longer have a legal precedence to give custody to the mother of the child, there is still a prevalent stereotype that women are better suited to the responsibilities of the primary guardian. In seventy percent of cases, rights were awarded primarily to the child’s mother. Comapre this to ten percent of custody cases which are awarded to the father, and twenty percent that are awarded joint custody status.

A judge examines a plethora of different factors when determining which parent is best suited to provide for the child. This includes the mental and physical health of each parent, as well as their lifestyle habits. The profitability and flexibility of one of the parent’s job might also sway the court’s decisions because it means the parent is better able to provide monetary resources as well as time.

While divorce is stressful for everybody, the strain is often the hardest on children. One of the best things you can do, if you and your former spouse are on good terms, is to cooperate with each and be honest about your ability to give the child the best possible environment to develop into a mentally and physically healthy young adult. 

Click here to get more information on how you can retain custody of your children. Contact the legal professionals at KoonsFuller Family Law for an initial consultation.