The judge determines who will be granted custody of a child regardless of the circumstances based upon what is the best interest of the child and not on the preference of any involved party. Unless the mother has been proven to have been seriously neglectful and/or abusive and has made no attempt to rectify her behavior it is highly unlikely a judge would terminate her parental rights and place the child in a foster home or in the care of another relative. The court must also consider the rights of the biological father if he has been identified and his whereabouts are known. A major factor could be how the current caregiver received custody of the infant, whether through the prescribed legal process or by the mother simply allowing the person to take over the care of the child.
when or why? Mothers will lose custody if they are found unfit by a family court
file for custody
Yes she can. Unwed mothers assume an automatic temporary custody, until the case is decided by the court. The only way to stop her from moving is to file for custody ASAP. Once filed, the state has jurisdiction and she can't move.
Courts will sometimes give custody of children to mentally ill or borderline mothers. It will depend upon the severity of their cases and they will be assigned social workers.
Sole custody is not common these days except for single mothers. see links
Single mothers have sole custody until the court rules otherwise, but in Texas you can get a jury trial.
If his name is on the birth certificate he is the legal parent along with the mother. If they have split up she can go to court and ask for custody.
Whether a restraining order is granted is based on the merits of the complaint, not who filed it. If the judge sees reason to grant the order it will be.
YES! not all mothers should be granted full custody of their children!
You prepare for a full custody challenge. Prepare a chronological statement, or history, starting with when you met the mother. Do not expound. Keep a daily journal of all your activities, but most especially your contact with the child. Interview several attorney before hiring one. Do not simply hire one on a recommendation. see related links
single mothers have sole custody even without a court order.
They have no court standing