Mothers Rights in a Divorce

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If an unmarried mother has a child, this mother routinely gets the child's custody. It is usually assumed that this mother has sole child custody if there is no court order that awards something else. The biological father of this child should prove paternity to avail visitation rights.

Mothers Rights in a Divorce regarding Child Custody

• 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 to reside along 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
• Sometimes the court may decide joint custody of the child. Then, the mother and father have shared 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

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 a 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.

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.

Along with time, laws have been modified and mothers and fathers are treated on 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 right of the mother is to procure child support from the biological father.

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