Does the Mother always get custody of the kids?
My wife and I are filing for divorce and i wanted to know, does the Mother always get custody of the kids. She is going to move back to Australia, so if she get custody i will barley see my kids. My friend says that the mother always get custody because she is simply the Mother. Shared custody will not work in our situation.
Nothing "always" occurs, but in general unless the mother is proven to be unfit or doesn’t desire custody, it’s true it often goes to the mother…I have known a few men over the years (my brother included) who had primary or sole custody of the kid(s) after divorce…
If she gets custody, see what you can do (legally) to keep her in your country so you can have shared/joint custody…there may be options, speak to your attorney (I’ve never had to deal with that issue)…
September 5th, 2010 at 9:48 am
No mothers don’t always get custody.
You need to discuss with your lawyer about her moving to another country, it may work against her in the custody case.
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September 5th, 2010 at 10:33 am
The judge will decide who gets custody. And no it doesn’t always go to the mother anymore. If you are a fit parent and fight for your kids then the judge will decide to enforce a shared custody agreement. If she just takes off with the kids that’s kidnapping and she will be arrested. If you really want your kids fight for them as hard as you can.
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September 5th, 2010 at 10:59 am
not always because its about whats best for the kids and who would give them a better life. alot of the time the mother gets custody because most kids would need their mother more than their father. sorry but true.. but maybe the fact that she is planning on moving and taking the kids with her would help your situation…
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September 5th, 2010 at 11:38 am
Nothing "always" occurs, but in general unless the mother is proven to be unfit or doesn’t desire custody, it’s true it often goes to the mother…I have known a few men over the years (my brother included) who had primary or sole custody of the kid(s) after divorce…
If she gets custody, see what you can do (legally) to keep her in your country so you can have shared/joint custody…there may be options, speak to your attorney (I’ve never had to deal with that issue)…
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September 5th, 2010 at 12:12 pm
It depends on the circumstances of why you’re splitting up. If either of you showed signs of violence or intimidation the kids will go to the other parent. I was divorced many years ago, and I kept the kids. My wife was sleeping around and the judge decided she wasn’t a fit mother. Some judges will decide that moving the kids to another country, (or indeed another continent), is unfair, and will forbid it. You should apply for this condition. That way,if she takes them to Aussie land, a warrant will be issued to bring them back. That’s law here in U.K. anyway.
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September 5th, 2010 at 12:28 pm
you can still do shared. what about the summers? couldn’t you take the kids on the summers for part of a year? i would strongly encourage you to fight this and not let her have custody and move your kids to another country, if you want to be a part of their lives or have any say whatsoever. please contact an attorney immediately.
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September 5th, 2010 at 12:48 pm
No, the mother does not always get custody. The judge considers the whole picture and considers which parent the child is going to be more comfortable with. This takes into consideration not only the financial situation of each parent, but also what type of relationship each parent has with the child, what type of family support there will be, and who the primary caregiver has been up to the time of the divorce.
If both parents are considered to be equally fit then the mother is usually the one granted primary custody, or if the father has a slight advantage due to financial stability but the children are very young and the mom has been the primary caregiver.
You may have an advantage if your case is to be settled in the American court system, provided that your children were born in the states. In that case the courts may look on you as being the more suitable parent since you would be able to keep the kids here where they have been all their lives. US courts are also reluctant to hand over kids to other jurisdictions when they can avoid it because of the number of high profile international custody disputes.
Good Luck
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September 5th, 2010 at 12:56 pm
If the child was born in USA and mom wants to suddenly up and leave you can get a good attorney to help if you are a citizen where you live. If she just decides without your permission to take your child out of state or worse out of the country without permission, that is a federal crime and she can get in serious trouble! You as your child’s father have rights if you are not abusive and pay support.
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September 5th, 2010 at 1:39 pm
if the kids are under 7 years old, the custody will normally go to the mother.unless u can prove to court tht she is nt capable or handicap to take care of your kids eg. financial or behavioural probs. u must show to court tht u r d bigger earner and can provide better home and wellfare for your kids than your wife.to do ths on your own in court nt gonna be easy,espc if she is represented by a lawyer. so get yourself a gud one, of course u hv to hv money to afford a lawyer. Gud luck!!!
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September 5th, 2010 at 2:14 pm
Consider the gender of the people who have answered your question. You may find that their responses are a bit less than genuine. Have you ever noticed how "fair" the game always seems to the player who’s winning? Your best bet is simply fighting to keep your children in the country. Good luck with the custody battle.
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September 5th, 2010 at 2:35 pm
No, mothers do not always get custody of the kids. In your case, the fact that she wants to move back to Australia may work against her. That is a pretty big change for the kids; how old are they? The court could decide what appears to be the least disruptive living arrangement.
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September 5th, 2010 at 3:05 pm
NO, the "she" doesnt always get the kids. But if she does, be prepared to get bent over for support
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September 5th, 2010 at 3:14 pm
No. Custody is awarded to the parent who can best meet the children’s needs, which includes fostering a relationship with the other parent.
Unless a person is awarded sole legal custody, they cannot move away from the other parent without permission. If you believe it is best for the kids to not move, and spend lots of time with you, fight for that in court.
And your friend is an idiot.
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