How can the father get custody of the kids during a divorce?

The common belief is that the mother gains custody of the child during a divorce. However, most courts look at "the best interest of the child" when deciding who gets primary custody. If a mother is deemed unfit, a father may petition for partial or full custody.

Factors that are Considered

Courts look at particular factors when determining who gets custody. These factors include:

• Who has been the primary caregiver
• Any adverse effects by changing the status quo
• Whether the change requires the child(ren) to re-locate to a new home and/or school
• Whether the current standard of living will be changed
• The continued access to extended family
• What the child(ren) wants (depending on their age)
• The child's age, physical and mental health
• The parent's physical and mental health
• In some cases, a parent's lifestyle and/or morality

Generally, where the mother has been the successful caregiver up to the point of the divorce, the presiding court will not take full custody from her. However, the courts might consider partial custody if the court determines that it is in the best interest of the child.

Types of Custody

Joint Custody

In a joint custody, both parents share equal physical custody. They can agree on time allocation when the child will reside with each parent. If the parents live in different states, the allotted time may be extended to take into consideration school and holiday schedules. This will retain stability in the child's life.

Joint Custody with a Primary Parent

In this type of custody one parent is the primary parent and the other is the secondary parent. The secondary parent will provide compensation to the primary for the extra support, and will have less time with the child.

Sole Custody

This type of custody provides full physical custody to one parent, but the non-custodial parent is still obligated to pay child support. The non-custodial parent's time with the child is less but he or she retains visitation rights. This type of custody is usually ordered where one of the parents has been proven unfit.

Talk with an experienced divorce attorney to discuss further how a father may get custody of the kids.