A Mother’s Rights Regarding Child Custody
A California Mother’s Gaining Sole Custody of what was a Married Couple’s Children Demands Planning a Child-Centered Battle Plan!
You may have even heard the term “Custody Battle” more often than “Custody Case”. Father’s contesting a mother’s right to custody, can become pretty brutal.
But, the Old Days Are Gone – when it was accepted that the mother in a divorce case would get sole custody of a couple’s child or children.
WHY? More Fathers are Willing to Fight to get Custody Nowadays
Naturally, that creates a market for lawyers that are willing to take on fathers custody cases. That becoming closer to the norm, what does a mother have to do to win a child custody Case?
Moms often make the mistake of being unprepared in court because they assume being “mom” will be enough to have the court to give them full custody.
You would think the answer to how to get custody as a mother in California would be easy. Don’t most people believe moms have an unfair advantage in Family Court? Isn’t that the common misconception among the public?
Gaining a Mothers Rights to Custody isn’t a Cake Walk
You can’t just walk into court and say “I am the mother and I should get custody of the children.”
The fact that you are the Mom, that definitely carries a certain degree of status with the courts, but will not give you an advantage in Family Court. California laws no-longer permit that kind bias. If a woman counts on the fact that she is indeed the child(ren)’s mother as the primary reasoning for the judge to give her custody, she should not be shocked if she is not granted custody.
Aren’t there Different Kinds of Custody?
Yes, there is:
- Legal Custody: A Parents that has legal custody; has the right to make legal decisions on matters impacting the child.
- Physical Custody: Is when the child or children reside with the parent who has physical custody.
- Sole Custody: Is granted to the parent who has both legal and physical custody of the child or children.
Now let’s take a look at Children’s Rights
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