A Fathers Rights to Child Custody During Divorce

Custody battles are usually decided by the court when there is no private settlement between the parties during a pending petition for divorce and after the judgment ending the marriage has entered. The bottom line with the Court in making a child custody determination and subsequent custody order is always going to be dictated by the “best interests” of the child. In most States, however, the mother of the child or children is still granted physical custody of the children more often than the father. The father’s custody plans may involve an uphill battle to prove that he was the primary caregiver of the children during the duration of the marriage and that as a result he should continue in that role by being granted sole legal and physical custody of the children.

Elements Determining Child Custody

There are many elements that the Court will consider in making a child custody determination.

The length of time the child resided in the State
The domicile State of both parents
Any previous court or divorce proceedings
Any previous instances of abuse or neglect by either parent
The preferences of the child depending on the age of the child
Personal behavior of the parents and past parenting history
Time each parent can be available to raise the child
Ability to provide a stabile household for the child
Testimony of psychological experts concerning the best interest of the child

Legal custody of a child affords a parent or parents the ability to be involved in all major decisions that will affect the child’s life such as healthcare, education, religion and general welfare issues. Physical custody determines which parent will house the child, or essentially, which parent the child will live with. When child custody is shared there may be a situation where one parent will have primary physical custody and the other parent may have visitation rights. There could also be an agreement between the parents made where the child spends physical custody time with both parents.

Getting Legal Help

If you are a father of a child seeking custody of a child or enforcement of visitation rights with your child it may be important to contact a qualified family law or divorce attorney to discuss the circumstances of your divorce or the related child custody orders. The advice of an attorney can help significantly to protect and advance the father’s custody rights in child custody disputes.

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