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Mother’s Rights

Many questions come up when trying to figure out what the mother’s rights are. Sometimes mothers wonder what it is exactly that they are allowed to do. Many times life changing events cause these questions to be raised on working mothers rights, mothers rights in divorce, as well as stepmothers rights. Read below where Legal Experts have provided fast and easy to understand answers regarding Mother’s Rights.

What is a mothers right to move their child out of state?

Without court orders both parents have rights to the child. The mother can leave, but the father can always file for custody which will bring the mother back to the state in which they were moving from. The mother will need to file before the move to get permission from the court to leave the state. The court will decide based on the best interest of the child on where to place the child. The court will look at stability of both parents, financially, if the child is currently enrolled in school, living environment, household living condition, and often how many people live in the household. In most situations the mother can leave with the child, if there is a good reason on why they cannot be around the other parent, if the mother gets the court orders filed first with permission.

If a mother’s rights were terminated and there was a no-contact order by the court put in place, can the child contact the mother?

If the court has placed a no-contact order, and the mother ignores that order then the mother can be fined and even put in jail for contempt of court. The no-contact order is not directed to the children it’s for the parents.

Can a parent terminate the rights of the other if they are trying to give the child up for adoption

If the parent that wants the rights terminated from the other parent is involved in the adoption then they will need to seek an attorney and show that the parent is unfit to raise the child and they would like to take over custody and show that they are able to care for the child.

When an infant is involved how long does the parent have until they have to let the other parent see the child?

When an infant is involved the mother will have primary custody in many cases unless there is evidence that there is abuse or neglect. The court will decide on what’s best for the child. In most cases the court thinks that it’s best that the child has both parents in its life. The court will listen to both sides of the cases, and decide how to split up the custody, or if the child is better off with one parent over the other. So, until there is a court order, both parents have the right to see the child.

If someone has guardianship over a child, and the mother’s rights have not been terminated can the mother refuses to let the child go with the guardian?

If the mother still has legal custody of the child, she can request to end the guardianship, and not allow the child to go with the guardian. If the court granted the guardianship then the mother would have to go back to the court house and ask for the guardianship to end. If it was just a written form between the two parties, then the mother will need to write a written notice stating that she is removing the guardianship. While the answers above address some of the common issues about mothers' rights, every situation is unique with potentially conflicting legal implications. It is always best to get clarity on your own circumstances by taking your questions to an Expert.
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