How A Man Can Gain Temporary Custody

Society has a profound gender bias against men when it comes to child care. The legal system reflects this. Judges used to make custody decisions based on the tender years doctrine, a legal presumption that said young children belong with their mother instead of their father.

However, men are slowly getting more respect for their contributions as loving fathers and court decisions are catching up. A father will not automatically lose out to a child's mother in custody decisions. The final test is the best interest of the child standard, which is gender neutral.

A man seeking temporary custody should consider some key factors involved in the judge's decision.

After the Divorce Petition is Filed

A parent seeking temporary custody should immediately go to the family court and file for temporary custody in order to get the matter taken care of as soon as possible. A court order is needed for the temporary custody to be legally recognized.

The parent who gains temporary custody is most likely to gain permanent custody of the children. This is because, under the court's view, if the parent who had temporary custody has not done anything to harm or endanger the children the parent will likely act in the same manner in the future.

A parent who doesn't get temporary custody, usually the father, is at a disadvantage because his parenting skills have not been proven to the court.

Gaining Temporary Custody

To increase the chances of gaining temporary custody, fathers should do two things:

Stay in the same home as the children. Courts try to minimize upheaval in children's lives so if a father has moved out and the mother has not, the court will more likely award temporary custody to the mother.
Tell the court if there are factors that affect the mother's fitness to parent. For instance, if the mother is a drug addict, has severe mental problems or neglected the children in some way, the court will be more likely to grant temporary custody to the father since the father would be more fit to care for them.

Getting Legal Advice

This article is only a guide and not a replacement for the advice and guidance of a licensed Family Law attorney, particularly one who has worked with men seeking child custody. State laws vary and attorneys know more about the legal system than the average person.

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