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Divorce isn’t easy on adults much less on children. Many times, custody is given to the mother because children attach more to her. Sometimes during divorce proceedings a mother’s care is questioned as inadequate or unsafe for her children. In this case, a mother should know her rights.
Hiring a family lawyer is a good way to protect your parental rights. Attorneys who specialize in family law will know the ins and outs of the law and the system. They will advise what mother’s rights in child custody hearings are.
In many divorce cases and custody hearings, testimony is a matter of “he said, she said” with little evidence to prove either one correct. If you’re going in to dispute accusations of your parenting, bring witnesses with you. Your lawyer will depose witnesses beforehand.
Any physical evidence that will help matters. This may include documents or receipts for financial support or doctor statements. If you have any proof of abuse or neglect on his part, give it to your lawyer.
Factors Influencing Custody
There are many factors that influence custody that the court will consider:
- You can provide a stable home.
- You are mentally and physically able to care for your children.
- You were the primary caretaker of your kids. Children have a stronger bond with the parent that did most of the nurturing.
- Your kids can voice their desires to the court.
If the Court Rules Against You
Sometimes the court will award custody to the father. In this situation, mothers have certain rights.
A mother has the right to regular visitations with her children. You may schedule activities during this time. Visits must be free from the interruptions or threats from the father.
A mother has the right to petition the court to enforce visitation. You can also request a hearing when you feel that the agreement has been violated or visitation has been denied.
A mother has the right to stop the father from taking kids over state lines. Many missing children are abducted by parents. You can get an injunction preventing him from taking your kids to an unknown or unreachable destination.
Not only do you have rights, but you have responsibilities as well. You must obey court orders and behave in your children’s best interest at all times. You must report any signs of abuse or neglect. Whether you want to or not, you have to work with your ex -husband and maintain an amicable and cooperative relationship.
Going through custody hearings is stressful, but knowing what you’re rights are beforehand will help you protect your relationship with your kids.