Sep 26, 2017
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Mother’s Right to Child Custody

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This article provides information regarding mother’s right to child custody in India. In today’s generation  most custodial laws are gender neutral so it is difficult to figure out how to gain mother’s right to child custody but there are some rules where mother’s have some privilege.

Mother’s Right to Child Custody

In the past, many courts favored mothers when awarding child custody. However, as gender roles have changed and more women work outside the home, these assumptions no longer apply. Today, most custody laws are gender neutral and do not favor mothers over fathers. Instead, courts must consider the child’s best interests when awarding custody.

It is not easy to figure out how to win custody as a mother, but it is good to keep in mind that most courts, even ones in different states, will focus on similar factors when considering a child’s best interests.

Mother, the preferred custodial parent of the child less than five years old. The opinion of a child who is over nine years old is considered and if the mother is a housewife she even then can claim the custody of the child and the father has to provide child support. Hence, Mother’s right to child custody of her five year old child is therefore legal.

In some states, an unmarried mother’s right to child custody assumed to have sole custody of her child. However, if an unmarried father has established paternity, he can petition the court for child custody. Again, mother’s right to child custody rules vary from state-to-state and religion-to-religion.

Does the Mother Have Any Obligations with Regards to Child Custody?

It is always in best interest to maintain a polite and cooperative relationship with the child’s other parent. Any open hostility may hurt the custody claim or result in a reduction in parenting time. And, once a custody order or agreement is finalized, one must follow all of its conditions.

Can an unmarried mother get sole custody?

In some states, an unmarried mother is assumed to have sole custody of her child. However, if an unmarried father has established paternity, he can petition the court for child custody. Again, custody rules vary from state-to-state.

 

Find lawyers in mumbai related to child custody.

Article Categories:
Child Custody · Family Law

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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