Mother's Rights for Child Custody

Updated March 16, 2017

In a divorce or other type of proceeding involving child custody, the law establishes certain rights of each parent. Mother's rights for child custody set forth parameters through which the family court determines the placement of a minor child.

Historical Primary Caretaker

A mother of a child has the right to demonstrate to the family court that she is the primary caretaker of the minor child.

Best Interests of the Child

Another right of the mother in a custody matter is demonstrating that it is in the best interest of the child for her to be the primary custodian of the minor.


A mother possesses the absolute right to present evidence of all types supporting her claim for custody.


A common misconception is that a mother has the presumptive right to custody of a child. This presumption has been abandoned by the law for more than 25 years.


A mother's rights for child custody are best protected when she engages the services of a qualified, experienced family law attorney.

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About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.