How do you prove the mother is better able to provide for the child?

We’ve all heard horror stories about divorcing couples who fight over the family home, the car and special mementos they are unwilling to part with. The primary battle usually involves child custody issues and which parent is best suited to raise the children. In the past, family court judges were more likely to give primary custody to the mother. Most states now rely on what is in the best interests of the child when making a custody determination. If they children are at an age where they can verbally state which parent they prefer to live with, this will be taken into consideration.

The Role of the Primary Caretaker

The requirements for mother to receive full custody of child may center on whether she acted as the primary caretaker. In recent years, psychologists have begun to stress that the emotional bond formed between a child and the parent who takes care of their daily needs is extremely important. This role usually involves the person that helps the child get dressed for school, assists them with homework, takes them to activities and is there for them every day making sure they are happy and well fed.

How Sole Custody Cases Are Decided

If the mother is seeking sole legal and physical custody of the kids, the judge may agree to grant this request if the following circumstances apply:

• The biological father is not around or has not been involved in the child’s life
• The father is currently incarcerated or has a violent criminal record
• The mother has provided the child with a stable home life and can provide for the child financially
• The father is struggling with addiction to drugs, alcohol, gambling or internet porn
• There have been past domestic disputes and the husband has been convicted of spousal abuse
• The father has a history of abusing the children sexually or physically

The mother must be able to prevent a compelling case to the court as to why she can provide a better home life or why the father’s involvement may be harmful to the children.

Divorce Attorneys Know Which Judge is Best For Your Case

While judges are supposed to be impartial in their decisions, many of them may be biased against one gender. Certain judges may be more sympathetic to mothers who have been victims of domestic abuse and fear for the safety of their kids. If you are seeking full custody, you will need the expertise of a family law attorney to help you obtain the outcome you desire.