Divorce Guide

Divorce Guide


Mother's Divorce Rights


When it comes to the mother's divorce rights the first thing that comes to the mind is the divorce custody rights. Though both the parents have equal rights over the custody of the child and both of them try their best to get the custody of the child, it is the mother who certainly has an advantage. This is simply because the primary concern of the court is to ensure the best interests of the child while deciding on the custodial rights and mothers surely is the first priority. Especially if the child is an infant or kid, the family in most cases gives the physical custody of the child to the mother.

The custodial right in United States varies from one state to the other and the final decision rests with the local family court about the custodial rights. There are many factors that are considered by the court while deciding on the custody. The best interests of the child is given the top most priority. By this the court tries to ensure that the child gets the best possible care and education and is brought up in a healthy environment. Other things like the health, lifestyle and income of the spouses are also considered for deciding the custody. In some states the law also permits the children to have a decision on the custody but only if the child has gained a certain age and maturity.

Apart from custodial rights, mother's divorce rights also contain the right to child support. When the mother gets the physical custody of the child, it is the father who needs to pay the child support to the mother. The child support is ordered to ensure that the custodian parent can meet the expenses for rearing the child properly. The mother will get the child support for the expenses of food, shelter, education and treatment of the child. The father needs to pay the child support separately from the alimony as the latter falls under divorce spouse rights. While deciding on the amount of the child support, the age and health of the child are also considered. If the child is infant or a minor the child support is lower but it increases as the child gets older.

Apart from the custodial and child support rights, mothers also enjoy the right to property. This enables a mother to take legal action if her husband tries to force her to evacuate the property that she along with her children are using for personal living. Other mother's divorce rights include the visitation rights that allow the non-custodian mothers to visit their child on regular basis as directed by the court. The court will decide on the details of the visitation like the time and place of the visit, frequency of the visit and duration of the visit.

All these are the most basic mother's divorce rights that are more or less same in most of the states with some deviations. But you should always remember that all these rights are awarded by the court as a privilege and they are not automatically conferred. So, you need to present your case properly and make sure that you abide by the courtís verdict otherwise the judgment can go against you.


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