Mother's child custody rights are determined by what is in the best interest of the child. There was a time when the mother was given custody of the children because she was the primary caregiver. That is not necessarily true anymore because many mothers work outside the home so the father shares the caregiver responsibilities. The court will look at both parents to determine mother's child custody rights. Joint custody has been found to be best for the kids because they get to be with both parents equally. Everyone's situation is different and the final decision will be based upon the unique situation of the case at hand. "And there is hope in thy end, says the LORD, that thy children shall come again to their own border" (Jeremiah 31:17).
One of the variables that could lead to a ruling for Mother's child custody rights is whether or not the other parent wants to have custody. If the father has an active role with the support and development of the children then he can contest the mother's rights for sole-custody. Parents should work out this issue before it goes before a judge. If both want to have caregiver rights and it is in the best interest of the kids for them to do so then both can agree ahead of time. The adults should sit down and go over the particulars of sharing the children. Some couples decide to work out an agreement around the children's education. If the kids are in school then the couple living close to the school will have them. On weekends and school holidays the other parent can have the kids. Holidays and summers can be times when they take turns.
Physical and legal custody are two separate issues. Mother's child custody rights are determined based upon the two issues. Both adults can have joint physical custody and joint legal custody of the children. Legal means that the parent makes major life decisions regarding the kids. When the kids are with Mom then she makes major life decisions for them. When Dad has them then he will make the necessary decisions regarding major life issues. Major life issues can be characterized as ones that directly affect the kids such as attending school and obtaining medical care. If a joint arrangement is the decision of the court then the two adults should live in fairly close proximity from one another.
Who makes the most money will not be an issue in the courtroom on Mother's child custody rights. The main issue the court is looking for is in determining who the primary caregiver is. If the mother stays at home and is the one who cares for the minors most of the time then she is the primary caregiver. Judges often rule in favor of the primary caregiver because they do not want the minors to be affected negatively anymore than necessary. Divorce is hard enough on kids without having to move to a new home and a new school. Generally the court will want to keep their lives as normal as possible.
If the father is not given custody rights then he will need to ask for visitation rights. The same is true for Mother's child custody rights. When a child turns 12 or older she may be asked by the judge about living arrangements. The child can say if she wants to live with her father or mother. The court will consider the request of the minors when determining who they live with. One thing that a judge should be aware of is the influencing ability of the parent they are currently living with. In addition, the minor may be afraid to say who she wants to live with for fear that the other parent will be hurt.
There is another option that is based upon where the minors live. The parents take turns living with the kids. One option is for the mother to be there with them for half the week and the father is there for half the week. This is referred to as Bird's Nest Custody. This is a good option when trying to determine Mother's child custody rights. This way the minors are not going from one residence to the other. They stay in their home all the time. Their lives are disrupted less this way. In addition, the mortgage on the residence can remain in both parent's names and they can divide the monthly payments until the minors are grown and leave home.
Factors that the court will use to determine Mother's child custody rights are different by state. In general, the court will look at the age of the children, the relationship with the parents, the physical and mental health of the children and parents. The court will want to know who has been providing for the minor's needs and the level of attachment the children have to each adult and to their environment. The court will consider how the minor's might be affected by changing their environment. The subject of abuse and neglect may come up regarding the adults. If one parent makes allegations towards the other parent then an investigation will take place to determine if the allegations are valid. If both adults accuse one another then the judge may place the minor's in temporary foster care or have a responsible relative take care of them until the investigation is complete.