What are the factors that are considered for the father to get custody of the kids?

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Question:

What are the factors that are considered for the father to get custody of the kids?

Answer:

In divorce cases, the courts have to settle all sorts of disagreements to arrive at a fair and equitable distribution of married assets. In cases where the divorce is amicable, most of these issue may be sorted out before having to take it to court and arriving at a settlement is an easy affair. When the divorce is not amicable, then the court needs to step in and with the assistance of both side's attorneys attempt to reach a settlement that will work for both parties. One of the most difficult issues that the courts have to settle is that of child custody.

it is generally believed that courts side primarily with the woman in granting child custody. This has left many fathers wanting to know how they might gain custody in a system that already seems to be biased against them. But actually when it comes to awarding custody of the kids, the courts consider their needs and their concerns above anyone else’s. The interests of the child are paramount and the court considers the following factors when making its decision regarding custody.

  1. The parent that is best able to provide for the needs of the child financially: including life essentials like food, clothes, medical care and shelter. 
  2. The medical history of each parent - physical and mental history.
  3. The age and gender of the child(ren) and their medical history both physical and mental.
  4. The habits of each parent, including issues like gambling, drinking, excessive smoking and other extreme behaviors.
  5. If the child is 12 years of age of older, his/her choice among the parents.
  6. The emotional bond between the child and his/her parents
  7. The desires of both parents
  8. The degree to which each parent is willing to support the relationship the child has with the other parent
  9. The difficulty the child might have adjusting to new environments and life patterns if forced to move to a new city, state, or school;
  10. The quality of life the child currently enjoys where he/she is currently living;
  11. Any false or malicious charges one parent might have charged the other parent with, such as child abuse, or other falsehoods.

These factors along with considering in general which parent is most likely to provide the child(ren) with a stable happy home-life are the things the court considers in making its decision. When a child is young, generally custody goes tot he primary caregiver - and quite often (though not always) that is the mother. When a child is older custody may be more based on which parent can give the child access to a good education, friends and social opportunities.

Today many women spend equal time in the workforce along with men. This has shifted the balance in many respects as to who can and should receive the physical custody of a child. All other factors being equal the court may simply look at the situation and grant custody to the parent who spends the most time with the child.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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