Custody laws are supposed to be gender neutral and many courts a living up to the rules, and this means that when the facts of a given case are presented in the courtroom, a judge may determine that it is in the best interests of the child to live primarily with the father, not the mother. In the past, mothers automatically received custody simply because they were the primary caretakers, but not anymore. First, all divorcing couples begin with joint custody rights. The truth about the California family law system, The court mixes and matches these elements as they best fit a situation. Mothers can lose custody of their children. In custody cases, it is presumed that a parent seeking custody is able to meet the child basic needs, which include food, clothing and shelter. After all, both parents want custody of their children and may both think that their little ones are better of with them rather than the other parent. Here are over 50 essential custody battle tips for mothers. Courts will often make child custody and visitation decisions based on a parent's living accommodations. Even if alcoholic or drug addict, Court will send mom to rehab and still get the kids. February 28, 2020 at 10:20 am. I was awarded full custody. In this article about custody battle tips for mothers, we are going to tell you something you deserve to know - the blunt truth.We will guide you through the following. All nice words in the article but in reality in Tennessee in the majority of custody cases the mother gets the kids. Custody rules that apply to unmarried parents often vary based on jurisdiction. So, in custody disputes today, courts are not looking at the fitness of the mother as such, but are usually analyzing whether giving custody to the “primary caretaker” is in the best interest of the child. So what I’m asking do I have a chance to try and get primary custody and the mother only get visitation due to her situation. Are you unsure if you can even do that or how you can show the court that the other parent even IS mentally unstable or unable to … Although one parent may have primary physical custody, both parents typically share joint legal custody. Hello moms. Reply. I really love my son and wants what is best. However, the fitness of the primary caretaker is, of course, an important consideration in determining the best interests of the child. Let’s look at the top five ways that a mother can lose custody. Generally speaking, any parent or guardian can be deemed unfit based on their actions or conduct. The standard for acceptable living accommodations is based on the child's and the parent's individual circumstances. Even worse, some may even use custody as a means of “getting revenge” on the other parent, and thus the fight may escalate into a tooth-and-nail extension of the relationship issues. Here are the top reasons why. I have a 7 and 8 year old. Michelle L Abellana says. Do you feel as if you need to protect your child from your child’s mentally unstable mother or father? When determining the mother’s rights to child custody, the court will first consider whether or not the child was born out of wedlock. Unless there are extenuating circumstances, some form of joint custody is the most common. Psychological Evaluations in Custody Cases. Reply. My son just lost a 50 50 custdy battal because the mother lied about everything. Judges make decisions based on the “best interest” of the child or children but joint custody is assumed until further information is gathered. What do judges consider an unstable enviroment for a mother not to have their children? Considerations will vary by court, by state, and even by the judge. In the context of family laws, an “unfit mother legal proceeding” is a legal proceeding in which a mother’s ability and willingness to raise a child or children is examined by the court. Example: A father may have sole physical custody but share joint legal custody with the mother. Approximately 50% of all custody cases today end with the father getting sole custody, but there are still some reasons fathers lose custody … My spouse was mentally unstable and we were able to prove it. True sole custody is rare since the courts try to keep both parents in a child’s life.