Can a man get full custody in a divorce? What are the odds?

A father may gain full custody if the court determines that it will be in the best interest of the child. This is a departure from court determinations in the past where the mother was considered the best custodial choice. Now courts consider both mother and father equally when determining who should be the custodial parent.

Best Interest of the Child

In issues of full custody, courts consider who will better provide and sustain a nurturing, loving and supportive environment. In some cases, the better choice will be the father if he is shown to be the more nurturing parent. Additionally, a father may gain full custody if a mother is proven unfit and her custody contravenes what is best for the child.

Persuading the Court

The primary way a father gains full custody of the child during a divorce is by proving that the mother is a threat to the child's welfare.  An unfit parent is seen as being incapable of providing the stable and moral environment that a child needs.

In some cases, a father may be able to show that the mother is mentally unfit to be the sole custodial provider for the child.  In this situation the father needs to have irrefutable proof in order to substantiate the claim. If possible, he should present current medical documentation of his estranged wife’s mental illness. The illness has to be in the process of being treated through therapy sessions and prescription medication. The court may order a medical evaluation of the mother's mental acuity.

Talk with an experienced attorney to discuss how you may get full custody in a divorce.