Who gets custody? Mom or dad? Did you know that fathers of children have equal rights to the custody of their children? We often have the situation come up (especially from young mothers) where the dad has taken my child and will not return the child. Mothers often seem surprised that the father has equal rights to a child and can keep the child from the mother until custody is established by the Court. Of course, either party can do so, but the mothers seem to believe that the law provides them with a superior right to the child. While the mother may carry the child during pregnancy, the legislature and courts recognizes that each parent plays a vital role in the creation of life and the development of life. Thus, as a technical matter, there is no preference under the law for the mother or father in custody disputes. This, of course, makes the choosing of a mother or father even more important. The best interest of the child is the standard for custody and the court is bound to do its best to determine what is in the best interest of the child, regardless of which parent may get primary custody.
Posted on: Tue, 22 Jul 2014 18:43:01 +0000
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