A Custodial Fathers Rights to Child Support

In the past, a father’s rights in a divorce were few. There was a presumption that the mother should have custody of the children and the father would be awarded visitation and ordered to pay child support. However, as more women began entering the workforce and men began taking on a bigger role in the child rearing duties, father’s rights have expanded.

Can a Father Get Custody of the Children?

It has become quite common for fathers in divorce cases to be award custody of the children. Most courts use a “best interests of the child” standard to determine child custody matters. If a court determines that it would be in the child’s best interests to award custody to the father, it will do so, even over the objections of the mother.

What Factors Does a Court Consider When Determining What is in a Child’s Best Interests?

The factors a court may consider when determining what is in the best interests of a child vary from jurisdiction to jurisdiction. The bottom line is that the court is attempting to make a decision that will result in the best possible outcome for the child under the circumstances. To that end, generally courts will consider all factors which may impact the child including:

The bond each parent has with the child;
The role each parent has played in raising the child;
The work schedule and availability of each parent;
The lifestyle and living arrangements of each parent;
The financial resources of each parent; and
Whether there is a history or pattern of domestic violence and/or child abuse.

How is Child Support Determined?

Child support is the legal obligation of a parent to contribute to the maintenance and education of his or her children. In most divorce cases, the non-custodial parent will be ordered to pay child support. Thus, if a father is awarded custody, the mother will be ordered to pay child support.

Child support guidelines are governed by state law. Generally the amount of child support the non-custodial parent will be ordered to pay will be determined according to the following factors:

Monthly net income of the non-custodial parent;
Income of the custodial parent;
Number of children; and
Whether court-ordered support is being paid by the custodial parent for children in another household.

Getting Legal Help

Child custody and child support are two of the most hotly contested issues in divorce cases. Because it is no longer a foregone conclusion that custody will be awarded to the mother, a father in a divorce who wishes to fight for custody of his children, needs an experienced divorce attorney on his side who will zealously advocate for his rights as a father.

Thinking About Divorce?