Divorce can be a messy situation when a family has brought children into their lives. Determining who will get custody of the children, how much child support will be paid, and where the children will spend most of their time can be an emotionally and financially damaging process, especially if a mom wonders how does mother get full custody. If a woman wishes to get full custody of her children, there are a number of different avenues she can pursue. The most important step in any custody battle is to hire a competent attorney, as you do not want the court system deciding what they feel is best for your children and forcing you to comply with their orders.
How Does Mother Get Full Custody?
The first step to answering how does mother get full custody of the child in most states is to file a motion in court that will make a strong case that the mother having full custody is in the best interests of the child. Prior to the 1990s, most courts based their opinions on the idea that a mother having full custody was, by default, in the best interests of the child. However, with recent changes in thought, the courts were forced to move to the idea that time spent with both parents was in the best interests of the child, and the ease of a mother receiving full custody without much of a fight was somewhat diminished.
Show that Living Conditions are Better with the Mother
One step to proving that full custody by the mother of the child is in the child’s best interest is to prove that the living conditions are better with the mother. For example, if the father moved out into an apartment and left the mother with the family home, it may be in the better interest of the child to allow him or her to continue to live where he is, rather than forcing him to be uprooted and spend some time at the father’s apartment and some time in the home he has known since birth. If you can afford to keep your existing home, this will help your case for full custody, and if you cannot, try to choose an apartment in a good location.
Can the Mother Provide for the Child? Better than the Father?
Another step you will want to take in order to get full custody of your child is to prove that you are better able to provide for the child’s needs than the father. In the case of young children, this is easy – a breastfeeding baby, for example, will be much less likely to be removed from the mother’s care.
Proving the father is unfit or providing an improper environment for the child is another key to getting full custody. If a father requests joint or shared legal custody, there must be some reason given to the court why he should be deprived of time with his child. An environment that is unsafe, unclean or immoral are all reasons why a father might be denied custody. Any history of abuse or neglect of the mother or child can also be a strong reason to award a mother full custody.
If you are a mother wondering how does mother get full custody, it is essential you speak to an attorney to devise a plan to convince the court that your child is better off with you and you alone. Your attorney can help you prepare legal arguments and evidence against the child's father to prove that you are the best parent for the child.