Mother’s Rights in Child Custody Cases in California

In California, parental rights include the fundamental right to provide for their child’s custody, care, and management, including making decisions about their welfare, healthcare, and education. If a mother in California is not married, they will receive full physical and legal custody of their child.

If parents are married, they will have the same parental rights until a court issues an order stating differently. In other words, both parents can make decisions about their child, and neither has any more rights than the other.

Child custody, in the legal context, is the guardianship of a minor. Laws governing child custody can be complicated and can vary by jurisdiction.

The one rule that courts in all states follow when children are involved is the child’s best interests standard. Courts will examine a variety of factors and choose what will be in the child’s best interests over the preferences of the parents.

It may be helpful for parents to know that there are differences between physical and legal custody. Physical custody is the time that a parent is physically with their child. The parent who has physical custody is responsible for day-to-day parenting.

Legal custody is the right of a parent to make important legal decisions for their child, including their education, religious practices, and health care. Even though one of the parents may be awarded primary physical custody, parents often share joint legal custody.

When a court determines a mothers’ rights in child custody, it will consider if the child was born out of wedlock. Custody laws that apply to unmarried parents can vary by jurisdiction. If a child was born out of wedlock, it can be more complicated to establish parental rights.

Pursuant to child custody laws for unmarried parents, child custody will automatically be granted to an unwed mother. If, however, it is determined that the mother having custody is not in the child’s best interests, the biological father may be able to pursue custody.

A mother, as a child’s primary caretaker, has legal authority to make decisions regarding their child’s welfare, including the right to:

• Decide who is allowed to see their child and for how long
• Decide where the child lives
• Enroll the child into any school of their choosing
• Make medical decisions on behalf the child, assuming they are in the child’s best interest
• Receive public benefits for their child, for example, food assistance
• Decide on extracurricular activities, religious affiliation, travel, and other issues

If an individual has any questions or concerns about a mother’s rights in child custody in the State of California, they should schedule a legal consultation with a local California attorney.

How Are a Mother’s Rights Determined for a Child Born To Married Parents?

When a child is born to married parents, there is a presumption in the law that the child is biologically that of the mother and the father. Even though in the past, courts typically favored mothers when awarding custody, this is no longer the same, as women now commonly work outside the home just as men.

Custody laws are now gender neutral and do not typically favor a child’s mother over their father. As previously discussed, a court will base its decision on the child’s best interest standard in California.

Courts will focus on several factors when making decisions under this standard, such as:

• The child’s physical and emotional health
• The strength of the relationship the child has with each parent
• The stability of each parent’s home environment
• When a parent has not paid child support
• Each parent’s willingness to parent the child
• Any evidence of violence or domestic abuse
• The wishes of the child if they are at an appropriate age to express their preferences

If a child was adopted by a couple that was divorcing, the process will be the same. Adoption is a process that establishes a legal parent-child relationship. This means that decisions about child custody of adopted children will be made in the same manner as if the child involved in the divorce was the child of divorcing biological parents.

Can Court Custody Orders Be Changed or Modified?

Yes, it is possible for custody orders to be modified or changed under certain circumstances. It is very helpful if the parents of the child can maintain a cooperative relationship because any open hostility shown towards the child’s other parent can have a negative effect on a custody request and even result in a reduction in custody rights.

When a custody agreement or order is finalized and issued by a court, both of the parents are required to follow all of the terms of the order. Court ordered child custody decisions, however, may be changed or modified if there has been a significant change in circumstances since the order was issued.

Examples of situations when a court will modify existing child custody orders may include, but may not be limited to:

• A parent violates the child custody order or is found to be in contempt of the order
• There is evidence of domestic violence or child abuse in the home
• One parent has moved, rendering the current order impractical
• One parent has lost the ability to meet the needs of their child
• The child’s needs have changed
• The current order no longer serves the best interests of the child

It can be easier and faster to obtain a modification of a child custody order if both of a child’s parents can agree to the changes that will be made. Some courts may require the parents to complete a waiting period before the order will be modified, unless evidence is presented showing the child is in imminent danger and an immediate modification is necessary.

The modification of a child custody order requires filing a petition for modification with the court. A local California lawyer can help an individual petition the court for a modification of their order.

How To Win Child Custody for Mothers

Winning a child custody case involves the same steps for mothers and for fathers. An attorney can help a parent prepare for their child custody case by gathering necessary documents and evidence that can show the court why granting their custody request will be in their child’s best interests.

It is also important to prepare any evidence or documents that may show that the child’s other parent is not fit or that awarding them custody is not in the child’s best interests. When a parent wants to win their custody case, they should make sure to treat the other parent with dignity and respect and not act rudely, belittle them, or be aggressive towards them.

Should I Hire an Attorney to Assist With Obtaining Custody of My Child?

If you have any type of questions or concerns about mother’s rights in child custody in the State of California, it is important to consult with a child custody lawyer in California. Your lawyer can help you understand your rights as a parent in California.

In addition, your attorney will help you build your custody case and appear with you any time you have to go to court. You can easily find child custody attorneys in your area by using the free and convenient online lawyer matching services provided by LegalMatch.com.