Father Custody

Granting the father custody of minor children in a divorce is unusual in the current social climate; but the practice is now more common than it was 30 years ago. There currently are well over 2 million fathers raising children alone in the U.S. Most fathers do not seek custody of their children and the mothers are given sole custody in approximately 3 out of 4 cases. If the parents wish to share custody, a judge will often grant joint custody. This gives both parents authority to make certain decisions on behalf of the child. However, this does not necessarily mean that the child will spend an equal amount of time with each parent. In some cases, a father will choose to sue for full custody. Unless there is a compelling reason showing that the mother cannot competently raise a child (such as the mother being incarcerated) this can result in a lengthy and expensive court battle. Because of this, many attorneys now specialize in father custody cases in order to tap into this lucrative market.

Fast Facts

  • Custodial mothers are more likely than custodial fathers to be awarded child support.
  • Less than 20% of custodial fathers live below the poverty line.
  • A positive paternity test establishes legal parental status but must be followed up with a court order to create a legally binding custody or visitation agreement.

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