Mothers' rights . Both parents automatically have the right to make decisions about the child's education, religion, health care, and other important concerns. Depending on the mother's financial situation, the loss of … Rights to a child remain with both natural parents after a separation or divorce and are only transferred to a step-parent following legal procedures and in extreme circumstances. | Last updated May 19, 2020. In re: J.S. A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. The Court stressed, "the parent-child relationship is an important interest that undeniably warrants deference and, absent a … A single mother's rights regarding such important issues as custody, child support or visitation can vary from state to state. In the parent-child relationship, parents have some basic rights and responsibilities. State laws prohibit parents from voluntarily relinquishing their parental rights to avoid paying child support. When a child is born to an unmarried mother, the mother is automatically granted sole custodianship. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. A mother automatically has parental responsibility for her child from birth. Lisa D. Stern has counseled married, unmarried and divorced mothers in metro Detroit and across Michigan for 20-plus years. A mother's child support obligations only terminate if she voluntarily relinquishes her parental rights or if the court terminates her parental rights. This type of situation can prevent the father from being awarded visitation … Loss of Tax Benefits. It used to be that courts automatically deferred custody to mothers following a divorce. When it comes to basic parental rights, the law strives to be gender-neutral. These rights may affect situations related to child custody/support, visitation, paternity or domestic violence. In fact, mothers in many ways have more rights than fathers—at least initially. When a mother gives up custody of her child, she loses important tax benefits. The father has no legal right to see their child without a court order. Many states require parental involvement in a minor’s decision to terminate a pregnancy. and C., 324 A 2d 90; supra 129 NJ Super, at 489. If you are a Michigan mother who feels your rights have been violated, you have a friend and advocate in attorney Lisa Stern. As a step-parent, you do not have the authority to make legal decisions for your stepchild unless you have pursued legal actions to … The bond between mother and child is special. A mother may become a single parent through divorce, widowhood or an estrangement from the father of her child. by attorney Wendy J. Norman. Minors’ Rights as Parents. While a healthy mother embraces her child with unconditional love and acceptance to provide confidence and a safe space to discover and grow into … By FindLaw Staff | Reviewed by Kellie Pantekoek, Esq. Background. A mother has certain legal rights pertaining to her children. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. Legally, there is no presumption of paternity; this means that unwed fathers are not, by default, assumed to be biologically related to their children. Issues as custody, child support or visitation can vary from state to state rights have violated! 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