Steps For a Woman To Gain Custody Of Child

While years ago mothers were typically awarded custody in a divorce, women's custody has changed and some states have become very father-friendly.  A woman should not assume she will get custody of a child simply because she is the mom. 

Factors for Determining Custody

The Uniform Marriage And Divorce Act was written as a guideline for state legislatures to use as a guide when making state laws. Some states have adopted the language as written, and some have added considerations in addition to those listed in the Act. 9A U.L.A. (pt. II)282 (1998) § 402 states factors which the court should consider in determining the best interests of the child as follows:

1. The wishes of the child’s parent or parents as to custody;
2. The wishes of the child as to custody;
3. The interaction and interrelationship of the child with his parent or parents, his siblings, and other person who may significantly affect the child’s best interest;
4. The child’s adjustment to his home, school, and community; and
5. The mental and physical health of all individuals involved.

While every case will be different depending on the particular situations of every family, the following are steps to help woman gain custody of a child.

Step One

A mother should show the court that she is the primary caregiver of the children. She must show the court that the children have a stronger bond with her because she has been the one to provide nurturing, as well as physical and emotional support.  A mother can show that she is the parent who has been responsible for making doctor and dentist appointments and has been the parent to get the children to the appointments.

Step Two

A mother should provide evidence that she has been actively involved in the child’s education and extracurricular activities.  A mother who can show that she is active in the school and community is more likely to get custody than a mother who has not been active.

Step Three

A mother needs to prove she will provide a safe and stable environment for the child. While it is inappropriate for the court to consider a mother’s dating preferences in determining custody, a court is more likely to award custody to a mother who does not have different men coming home to meet the children and would prefer to award custody to a parent who puts the needs of the children above her needs for a social life.

Step Four

1. A mother should be careful in criticizing a father because a court may interpret her criticism as a sign that she will not respect the child’s relationship with the father.   

A mother should always put the child’s needs first and should present her arguments of custody to the court by placing emphasis on what is best for the child rather than on what is best for either parent.

Get Legal Help

A mother should never assume she will get custody of a child in a divorce.  Custody issues can be complicated legal matters and an experienced family attorney can help you prepare your case. Even if you think custody will not be an issue, it is wise to consult with an attorney to fully understand the process and to fully understand your rights before you begin.