does a mother get custody upon seperation?

Answer 1

Depends.

Answer 2

The best thing you can do is get a lawyer. He or she will be able to give you some advise on what the best course is.

If you have to go to court it is slightly different in every state. If you are in Canada it is the same in every province. Judges will make a custody arrangment only if you can't agree with your partner about an arrangement. So times they will put you into mediation and then the mediator will make a decision about custodoy. Judges normally will give custody to the mother but there are exceptions

If you can't afford a lawyer look in the phone book for legal aid and they will help you out.

Remember that you have to try and do what is best for the childern, so try not to put them in the center of your fight. They should also have a say in who they want to live with if they are old enough.

Answer 3

Every situation is different. No, the mother does not have exclusive rights to custody. Like I said at first, it comes down to the best interests of the child. There is also joint custody if both parents are qualified. The best interests of the child would be two parent custody but in some cases, sad to say, it doesn't work out that way because one of the parents isn't qualified.

Answer 4

It is not automatic. You could go to court and ask the judge to make an order giving you custody. You could also ask the other party to agree to custody with a visitation plan. The judge will make an order that is based on the best interest of the child - so if either of you have any issues - that will probably be brought up in court.

Answer 5

If you mean automatic custody, NO WAY, too many factors come into play. THe courts will decide what is best for the child and hold you to it. It is up to you to present a good case and show cause why you should have custody.

Answer 6

In practice yes, but it depends. I depends on the state and the situation. In California, there is a section in the Family Code which states that a person's gender cannot be used against him or her in Family law. As such, presumably, the judge has to weigh which parent will be the best one for the kids. Of course, many judges just think the mother would be the best one and they ignore the law. Additionally, in most cases, the mother is the best parent to have the kids. There is something evolutionary about it. Fathers just don't have the thing in them to be as nurturing as mothers.

Additionally, I notice that a lot of parents share physical custody of their kids now. I don't like that trend myself. One parent should take the kids for all purposes with significant visitation for the other parent. Kids need stability, not spending one week at one place and the next week at the other house. Kids need one permanent address.

My advice is to really look deep within your heart to see what the best situation is for the kids and not think about yourself at all.

Answer 7

If the father fights it and proves he is better than the mother, he can get custody. They can also get joint-custody. Half at the moms half at the dads.

My mom and dad got divorced, and I lived with her for a long time. But then, for schooling reasons, we took it back to court so my dad could get custody. It helps if the children would prefer to be with you.. it's usually in their better interest.

Answer 8

Most of the time the mother gets custody but not necessarily all the time.

Answer 9

Is it a legal separation? If so, it depends on the situation and the agreement among the parents. If the parents agree to the arrangement, great. If not, the judge decides.

Answer 10

depening on the case yes she has every rigth to her children as much as the father. I have both legal custdoy of my kids. Now our son is with his father In Florida. And he have phycail custody of him only. I have custody of both the kids.