How Can a Mother Get Full Custody of Her Child?
Mothers can gain full physical child custody if they are willing to go through the legal process. Many courts award physical custody to the mother when she is the primary caregiver. These circumstances can include: Physical abuse, Prison release, and lack of involvement in the child’s life.
A mother can get full custody of her child if she can prove “extraordinary circumstances.” Extraordinary circumstances are when the child’s father or a third party who has significant power over the child is unfit, unable to care for the child, or otherwise acts in a way that is detrimental to the child’s welfare. Such circumstances must be substantiated by evidence that is not generally available.
The child’s best interest is the main consideration in determining the custody arrangement, and it is not always obvious who is best for the child. Parents may also request that other prominent people in a child’s life be granted custody. These individuals don’t necessarily need to be the parents, but they must have a strong influence on the child. A judge will evaluate the situation carefully and decide which parent has the child’s best interest at heart.
Lack of involvement in the child’s life
In some circumstances, a mother’s lack of involvement in a child’s life may prevent her from obtaining full custody of her child. For example, a mother’s lack of involvement can prevent her from obtaining physical custody of her child if the child’s father is the primary caregiver. In such cases, courts often award physical custody to the primary caregiver.
If the two parents are in conflict, it is unlikely a judge will grant equal custody to both of them. If there is animosity and disagreement, it is best to seek mediation and counseling in an effort to resolve the differences. Courts will also consider both parents’ behavior during the marriage to make the custody decision. For example, a parent may be deemed unfit to parent due to abuse or neglect of a child, or due to an addiction or substance use issue.
The legal aspects of the parent-child relationship can be confusing and unpredictable. Fortunately, there are options for people who have lost custody of their children. One option is to seek a modification of the court order that grants the imprisoned parent visitation or full custody of their children. The regaining of custody process will depend on the cooperation and communication of the imprisoned parent and the other parent.
In the case of a parent who has been convicted of a felony, the court may decide that the parent in prison has lost full custody. Although this decision is not automatic, it can still be appealed by the other parent. If the incarcerated parent has neglected the child or was abusive to the child, the court may revoke his or her parental rights.
A mother’s right to full custody of her child can be revoked if her husband or boyfriend has committed physical abuse. This is particularly true if the abuse was on the child. Fortunately, there are ways to document the abuse, such as by taking photos or video, and obtaining a restraining order, which can serve as strong evidence. These documents can be used in court to convince a judge that the mother is unfit to parent her child.
A child’s psychological well-being is also at stake. The child psychologist or social worker will look for social or behavioral signs of abuse, such as problems at school or eating disorders. In addition, a child’s anger or defiance can be a sign of abuse.