One thing we all have in common as human beings is that we can parent a child. Another thing that we all have in common is that we are all assigned a gender that is recognised as either male of female at birth. According to this socially recognised assigned gender, we are conferred certain rights. We are also treated differently in different situations in the eyes of the law.
One may say that a gender does not matter. Legally, however, it does, very much so. There is no area of the law that this is truer than that of custody. A father and a mother of a child are treated very differently when it comes to rights to the child. This has advantages and disadvantages. This article is here to shine some light on some of these advantages and disadvantages.
A Little Background Information
This article will provide some introductory information on custody. First, it must be stated that if you are serious about a matter regarding custody, then you should seek the advice of a professional, for example the Vize Counselor litigation attorneys for those in Thailand. A quick online search should lead you to a reputable legal expert in your area.
In the eyes of the law, a mother will always be favoured when a dispute surrounding custody arises. This is for many reasons. One of these is that it is said that the woman is the life-giver of the child, and it provides a natural source of food for the infant.
The Rights Of The Father In The Law
In order for a father to stand any sort of chance in winning custody of a child, they must be the natural father. To summarise, a stepfather will not win a case over a legal mother for custody of children. This is in place to safeguard the children and it is also formed under the belief that a child is always better off with its’ natural parent.
A Mother’s Right Under The Law
A mother will win a case for custody of her children in the vast majority of cases. This will not be the case where the contesting father can prove that there is some obvious reason why the mother is not in a fit state or position to adequately care for the children in question. Examples of this may be due to poor health, addiction matters or other negative behavioural traits. However, even in the face of some very poor qualities, mothers have been seen to win custody cases, despite it being clear that a child may be better off with the father. In recent years, more cases have surfaced regarding a surrogate mother and the adopting mother and who has true custody of the child.
There you have it. Provided in this article are some points of information regarding the rules of custody law. Custody law comes under the bracket of family law. It is an area of the law that is highly contested and comes with high costs. Book an appointment with your local litigation lawyer to answer any questions that you may have.