Child Custody for Fathers Facing Divorce

child custody for fathers facing divorce is an important issue. As a father, you may want to ensure you protect the relationship you have with your child. You may be fearful that the court will side with the mother and give her custody, and you may wonder just what your rights are with regard to your child and what your responsibilities are with regard to child support. As such, knowing the laws for child custody for fathers facing divorce is very important.

Child Custody For Fathers Facing Divorce

The good news about child custody for fathers facing divorce is that the law has experienced a dramatic shift in recent years. Advocacy groups and father's have fought a battle to ensure gender equality in child custody, and courts have deviated away from long-held notions that a mother is the best caregiver for the child. Now, a strong preference in the courts exist for ensuring that custody is truly decided in the best interests of the child. Furthermore, most courts believe that it is in the best interests of the child to have both parents in their life.

Determining Custody

The best solution to the custody problem is for you and your future-ex-wife to determine a custody agreement on your own in mediation. If you can come to am amicable agreement, the court will likely sign off on it and you can have a less expensive and less acrimonious divorce. Furthermore, you and your spouse are often in the best position to know what is right for your child.

However, if you do cannot come to an agreement, the court will decide on child custody for you. In such cases, you can seek either full custody, primary custody or partial/joint custody. With full custody, you will have full time physical custody of your child. In such cases, you and the child's mother may share legal custody or you may have full legal custody as well. In cases of primary custody, you will have your child with you most of the time and the mother will have specific visits. If you seek partial custody, you will share custody with your child spending equal, or close to equal time, with each parent.

In most cases, primary custody or full custody is awarded only if you can prove the mother is unfit or that you will provide the best living situation. Otherwise, joint custody may be most appropriate. To determine who gets custody, the court will often look at the relationship each parent has with the child. Make sure you collect detailed evidence of your role in the child's life, and find character witnesses who can attest to the strong bond you and your child share.

Getting Help

To protect your rights to child custody for fathers facing divorce, you should hire an experienced divorce lawyer. There are many divorce lawyers who specialize in father's rights, and hiring one of these attorneys can help make sure you get the best possible custody arrangement for your situation.