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Mothers’ Parental Custody Rights

Mothers’ Parental Custody Rights

At one time, child custody was almost always awarded to the mother in a divorce case. In the last few decades, courts have become more comfortable with awarding joint custody, or even awarding sole custody to fathers. Custody is generally given based on the best interest of the child.  If you are a mother seeking to gain parental custody of your children, you need to learn as much as possible about how the legal system works, and how custody is determined.

There is a difference between legal custody and physical custody. Legal custody refers to the right to make decisions about your child’s upbringing, regardless of where they live. Most jurisdictions prefer joint legal custody. In special circumstances (most commonly abuse, criminal activity or addiction), sole legal custody can be awarded. When you have physical custody, your child lives with you in your residence.

You can have joint legal custody even if your child resides with his or her other parent.

As a mother, you are likely involved with every aspect of your child’s life. If you are the primary caregiver for your children, you are much more likely to be granted physical custody of them. The vast majority of physical custody cases are decided in the mother’s favor. You may still share legal responsibilities with your former spouse even if the children are in your sole physical custody.

There are a few steps you should take to ensure that you win your case.

1. Meet with a family lawyer. Even if you are the primary caretaker of your children, you should retain an attorney. At the very least, you should consult with a lawyer about your case before filing papers on your own.

2.

Seek temporary custody. If you can be awarded temporary custody of your children, you stand a much better chance of making that arrangement permanent. If at all possible, seek a temporary custody award.

3. Propose a custody arrangement. Try to work with your former spouse to come up with an agreement that you can present to the court. If you are unable to come to an agreement, make a written plan of your own to submit to the court. An organized, well thought out plan has a better chance of being adopted by the judge.

4. File your child custody papers. If you have a lawyer, they will do this on your behalf. If you don’t make sure you research the rules and fees that are in place before filing.

5. Attend a court hearing and present your case. Be as prepared as possible, and be sure to relay to the court that you are an integral part of your children’s daily lives. Most times, child custody is awarded to the parent who is already involved with and responsible for the child on a daily basis.

While being the mother has some innate advantages in a custody case, you must be prepared to fight for your rights, and for what is best for your children. Never assume that you will be awarded parental custody, and be sure to go to court with a plan.  

Discover how Custody X Change can help you fight for your mother’s child custody rights and find out more information about parental custody that can help your case.

February 15, 2012
Parenting
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Parental Alienation Syndrome (PAS)

Parental Alienation Syndrome (PAS)

Divorce can be messy not just in terms of monetary compensation or dividing of property but also in terms of the relationship between the parents and the children because of a disorder called parental alienation syndrome.  It was a child psychiatrist who invented that term in the 1980s. This happens when you go through a divorce and then your child will begin to belittle and insult you without good reason as a result of your spouse influencing your children. It’s nasty when you get insulted by others. It’s even worse when it’s your own child. 

Your spouse will be brainwashing the mind of your child against you. It can happen through body language, verbal language, facial expressions, tone of voice, and even humiliation. Imagine the emotional damage parental alienation syndrome does to your child. 

Parental Alienation Syndrome can happen to you for various reasons.

Here are some of those reasons: 
Your spouse wants you out of their life completely. By losing your only connection to your spouse, your child, you’ll be erased from their life.
Your spouse thinks that you are unworthy of your children.
Your spouse is possessive and jealous and does not want to share your children with you.
Your spouse wants to use your children as bargaining tools in exchange for your money and property.

These reasons can effectively turn your child against you. Your spouse can withhold or limit visitation to your kids. He or she can make evil remarks about you in the presence of the children and even make untrue allegations of abuse.

Through these tactics, the kid feels he or she must choose one parent. They cannot have both parents. 

Experience has shown that when a child is subjected to these mind games, the children will likely side with the alienating parent. They actually believe the evil remarks or allegations of abuse done by you. Another reason why this happens is to gain approval from that alienating parent. You can see that parental alienation syndrome can be quite a terrible situation to handle. 

Parental alienation syndrome can be mild or severe but either way it has alarming effects on the child. The child gets in the middle of the war between the parents. The saddest part is that is that you are one the most important people in your child’s life. 

Psychiatrists would recommend that the child should foster good relationships with both parents even if they are divorced. The troubling part is that courts do not recognize parental alienation syndrome as valid evidence. This means you can’t use this argument to get some control over your child against your spouse. It’s hard to get concrete evidence on this matter.

Don’t risk losing custody or visitation rights to your child. To find out how to get the best chance to win your custody battle, visit http://www.child-custody-strategies.net.

I highly recommend you check it out.

January 25, 2012
Parenting
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