Custody Visitation Rights For Women

Even though it is a common belief that mothers always retain full or partial custody after a divorce, this belief is not always true. Sometimes the court will give full custody to the father. In these cases, the court has deemed the father the better parent. However, the courts look out for the "best interest" of the child and, absent extreme circumstances, will try to ensure that the child retains some connection to the mother. Like non-custodial fathers, a non-custodial mother at minimum has custody visitation rights.

A Non-Custodial Mother's Rights

Parents have a right to see their children and remain involved in their lives. However, contentious divorces often find one parent trying to deny this right to the other parent. Courts attempt to take the emotion out of custody disputes and seek to do what is best for the child or children. In the most extreme cases will a court deny even the minimal right to visitation. These cases often involve some extreme moral failing or an actual endangerment to the child(ren).

As with any non-custodial parent, a non-custodial mother retains these rights:

• to visit her children during court-provided times
• to not have interference from the custodial father
• to seek legal recourse if her visitation is denied or curtailed
• to request amendments to any visitation agreements
• to request amendments to the custody agreement
• to request an injunction to prevent the father taking the child(ren) out of state

Actions That May Rescind Visitations

A mother has an obligation to ensure that her children are healthy and safe around her. If a mother engages in risky activities, the courts may consider a request to rescind her visitation rights. For example, if a mother is a chain smoker and her child is asthmatic, and the mother has been warned not to smoke in her child's presence, the court may deny her visitation if she chooses to ignore this warning. Also, engaging in illegal activities like indulging in illicit drugs will also endanger her rights. Even legal activities that are done excessively, such as drinking too much alcohol or bringing risky characters around the child(ren) may provide the basis for rescission.

If a mother who may have indulged in unhealthy behaviors makes an effort to improve her life, she may petition the court to request that she be allowed partial custody. Again, the court will consider the request with the child's best interest as the focus.

Find an Attorney

Even if you are a non-custodial mother, you retain certain custody visitation rights. If your ex-spouse is interfering with your rights, you should consult with an attorney to stop this interference. If you wish to amend any visitation or custodial agreements, an attorney can also help ensure that your rights are protected.