Are you a mother who’s dealing with a child custody case? Do you want to know how to win a custody case for a mother?

In this video, family law attorney Sina Mohajer discusses three things that can affect your case: factors that could potentially weaken a mother’s case, what would constitute an unfit mother, as well as ways to strengthen your case when dealing with the issue of child custody.

If you have any questions or would like to speak with a skilled attorney about family law or a child custody case in California, contact Mohajer Law Firm today at (626)569-5200.

Transcript:
If you’re a mother dealing with a custody battle, you cannot assume that you’re going to automatically get custody of your children simply because you’re the mom. In fact, you have the possibility and the risk of losing custody if the court finds that that’s what’s in the best interest of your children.

Now, in this video we’re going to cover three parts:

• The factors that could potentially weaken your case, or a mother’s case, in the issue of custody
• What would constitute as an unfit mother
• As well as ways to strengthen your case when dealing with the issue of child custody

Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.

Restricting Contact of the Child and the Other Parent

One of the biggest factors that could potentially weaken a mother’s case in the issue of custody is when the mother is not promoting significant and continuous contact of the child and the other parent.

Now, I had a case, for example, where mom ended up contracting COVID. You know, COVID is still amongst us, but the child was a potential exposure. She was not diagnosed, or she was not tested positive for COVID, yet mother decided not to allow the child to leave the house because of quarantine issues and prevented the father from having any custodial time. That is a huge no-no. Courts don’t like to see that.

In fact, if the child is even sick with COVID or without COVID, a simple cold or a fever, as long as there’s not a doctor’s note that says that this child has to remain in bed for 24 hours or what have you, then there’s nothing stopping from the other parent of caring for that child. And that is one issue that can potentially weaken your case as a mother in a custody battle.

Communication

Another key factor is communication. I have seen countless of times where moms just simply don’t communicate. Why? Because they feel this sense of entitlement that they’re the ones who gave birth. And you did. But the court doesn’t give you any sense of entitlement as far as what you can and cannot do with your children.

In fact, the law is very clear that both parents have equal rights to these kids, regardless who carried them for nine months, who spent hours in the delivery room and delivered this child.

So, communication is another big factor. By not communicating where the child is residing, not communicating as far as extracurriculars or school enrollment, medical treatment or anything of that sort, could potentially harm your chance of maintaining or even getting primary custody.

Unfit Mothers

How a court finds a mother to be unfit are the same factors that the court may look at with any parent determining if they’re unfit. Factors may include having an alcohol or substance abuse addiction, whether you’re a negligent parent, for example, unable to maintain your household duties as well as child care duties.

So many factors that come in, where it places maybe the children’s safety and their well-being at risk, would constitute you as an unfit parent, or specifically an unfit mother.

Strengthen Your Case

Ways to strengthen your case when it comes to a custody battle is honestly to be the best co-parent you can possibly be. Now, you don’t have to bend over backwards and always give in to the other parent. And let them see the children whenever they want. But to be more reasonable, if there’s times for example, the non-custodial parent is unable to see the child on a particular day that the two you might have agreed upon, and a different day could possibly work, then go ahead and do that. Don’t fight based on principle, but really look at as far as what’s going to bring you most favorable to the court, in their eyes.

Another way is communication as well. Now, the court always wants to give primary custody to the parent that’s going to foster a great relationship with a non-custodial parent, the parent who’s going to follow the court order and allow that frequent and consistent contact with the other parent as well.

Help With Your Child Custody Case in California

Now, if you’ve got questions about your case, or you like to explore different avenues we offer a free initial consultation, feel free to reach out online, give us a call at the office, and I’ll be happy to sit with you one-on-one.