When Does the Mother Not Get Custody?

For decades it was common for the mother to automatically get custody of the children. The result was so frequent that the perception became that it was purely the fact that the mother was the birther of the child that caused the result. However, there are reasons why the mother may not always get custody. Here are some examples: 

  1. Mother is not Primary Caregiver – When the mother has not been the caregiver of the child, it does not make sense to disrupt the child’s routine. 
  2. Mother unable to be Primary Caregiver – For example, the Mother is in a coma or a drug addict that is unable to care for the child. 
  3. Parental Alienation – Mother has alienated the child from the father resulting in the Court granting the father custody in an effort to heal the relationship. 
  4. Domestic Violence – Mother fails to end her relationship with a violent boyfriend and continues to allow him to live in the same home as her child. It is not in the best interests of the child to live in such an environment. 

These examples are not exhaustive and are fact specific. Just because someone may fall into these possible categories does not mean that it can be proven sufficiently without competent representation by your side. If you seek to obtain custody of your child contact Diana Mohyi Attorney at Law to help guide you through the process.