Fathers Custody Rights

Fathers' custody rights are equal to those of mothers in the eyes of the courts when child custody is disputed. Each family law judge must weigh the evidence regarding the welfare of the child in determining: who will receive full physical custody, whether or not the parents will share legal custody, or if one parent will simply be given visitation rights. If a father moves out during separation and has little contact with his children, this can sometimes reflect poorly on the depth of his relationship with them. This is one reason it is very important for the parents to reach acceptable custody and visitation terms early in the separation/divorce process. If the father has always lived separately from the mother and has not previously been involved with his child, he can still pursue custody and visitation. In such circumstances the assistance of an attorney may be especially helpful. The same is true when there is conflict over custody.

Fast Facts

  • The Elian Gonzalez international custody case is one of the examples father's rights groups use to illustrate the unfairness of the U.S. legal system.
  • In February of 1997, a Florida court gave custody of a 12 year old girl to her father after he was convicted of shooting his first wife in an earlier custody dispute.
  • In 1976, a man in prison for murdering his wife in San Diego California was given custody of all four of his children by an appellate court upon release from the penal system.

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