The laws in all 50 states establish basic custody rights for mothers in divorce, legal separation and paternity cases, according to "Child Custody A to Z" by Guy J. White. These rights are designed to permit a mother the ability to seek both legal and physical custody of a minor child during and after these types of legal proceedings.
Types
Legal custody represents the right of a mother to make significant life decisions for a minor child. Physical custody is a mother's right to provide a home for the child. Both these custodial rights can be held fully by the mother or jointly between the mother and father, according to Cornell University Law School.
Considerations
The fundamental consideration associated with a mother's rights to custody is determining what is in the best interests of a minor, according to Nolo. Although both a mother and father maintain specific rights to seek, maintain and alter a custodial arrangement, ultimately the court's decision is based on what arrangement protects the physical, mental, emotional and financial interests of the child.
Pre-Judgment Rights
A mother possesses the rights to seek both types of custody during the course of divorce, legal separation and paternity proceedings, according to "Child Custody A to Z." The process involves filing a motion for custody and a hearing before the judge if the parents do not reach agreement amongst themselves. As an alternative, if the court elects to award child custody, particularly physical custody, to the father, the mother then possesses the right to seek visitation or parenting time with the child.
Post-Judgment Rights
A mother's custody rights do not end with the issuance of the initial custody order. She maintains a set of rights created as a direct result of that court decree. For example, if a mother was granted primary physical custody of a child, and the father fails to return the child in a timely manner after visitation, the mother's right to enforce comes into play. These include not only the ability to obtain a court order commanding the father to comply but the right to seek sanctions against the father as well, including suspending visitation.
Legal Representation
A mother is able to retain an attorney in both pre- and post-judgment custody matters. Although she must obtain an attorney through her own initiative, she cannot be threatened or otherwise deterred in an attempt to prevent her from seeking legal assistance.
