Fathers Rights to Full Custody During Divorce

A father may seek to obtain full custody of their children when their spouse presents a danger to the kids. There may be other reasons he can be granted custody due to the wife’s inability to work or maintain a healthy environment for the children. The family court considers a multitude of reasons as to why one parent may be granted sole custody.

How Custody is Decided

There are a variety of custody arrangements the parents can make together when they are seeking a divorce. Sole or full custody may be given to one spouse if the other parent is proven to be unfit due to:

Abusing alcohol or drugs
Psychological disorder or mental illness, such as schizophrenia, bi-polar disorder or clinical depression
History of violence, destructive behavior or allowing the child to be in a dangerous situation
If one of the spouses cohabitates with a partner that may be a danger to the child
Sexual, physical and/or emotional abuse of the child
Failure to provide a stable home environment
Not being able to provide for the child financially
Taking the child out of state or the country without the court’s permission
Is considered to be a danger to themselves or others
Has a criminal record
Spouse is currently incarcerated
The preference of the child

If one parent tries to undermine their child’s relationship with the other parent, the court may consider this as a negative factor and will grant custody to the parent who is more likely to foster an open and healthy relationship with the other parent. For example, if the mother has been granted temporary custody of the children prior to divorce and withholds visitation by the father, she could face losing custody of the kids. When a father is trying to obtain full custody of his children, he must be able to prove that he can provide a better home environment than the mother can.

How a Family Law Attorney Can Help

When a father fights for full custody of their children, they are usually facing an uphill battle. This is due in large part to the courts awarding custody to the mother in nearly 90% of all cases. The recent Fathers’ Right Movement has made inroads to convince the family court that they are victims of gender discrimination. Therefore, it is important to hire a family law attorney who will fight for your rights to have sole custody. It is your duty to ensure that your offspring has a stable and healthy environment in which to grow up.

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