In the United States, fathers have equal rights to mothers when it comes to child custody. However, this does not mean that fathers always win custody of their children. In fact, statistics show that mothers are more likely to be awarded primary custody in child custody cases.
This is a contributed post and do not necessarily reflect the opinions of Meet The Harris Family.
What the court considers
Fathers often face an uphill battle when it comes to child custody cases. This is because courts typically presume that mothers are better caregivers than fathers. Additionally, courts often defy mothers when it comes to child custody and parenting time issues.
That said, there are several factors that courts will consider when deciding on a child custody case. These include:
- The wishes of the child’s parents
- The wishes of the child
- The child’s adjustment to their home, school, and community
- The child’s relationship with each parent
- The mental and physical health of each parent
- Each parent’s ability to encourage a positive relationship between the child and the other parent
- The willingness of each parent to promote a strong relationship between the child and the other parent
- Any history of domestic violence or abuse by either parent
- Any substance abuse problems by either parent.
As you can see, there are several factors that courts will consider when deciding on a child custody case. And while mothers may have an advantage when it comes to some of these factors, fathers can overcome this disadvantage by being prepared and presenting a strong case to the court.
Owning your rights as a dad
If you are a father involved in a child custody case, you can do a few things to improve your chances of winning custody of your children. First, you must hire an experienced family law attorney who has handled cases like yours before. An experienced attorney will know how to effectively litigate on your behalf and will fight for your rights as a father. Second, you should ensure that you are actively involved in your children’s lives and have a strong relationship with them. Courts often give deference to parents who are actively engaged in their children’s lives and who have strong relationships with them.
Finally, you should be prepared to present evidence to the court demonstrating why you should be awarded primary custody of your children. This might include evidence that you are the better caregiver or that awarding you primary custody would be in your children’s best interests.
If you are prepared and have a strong case, you stand a good chance of winning primary custody of your children. Fathers’ rights advocates often say, “The best interest of the child is served by having both parents in the life of the child.” This means that courts should award joint legal and physical custody whenever possible so that both parents can remain active and involved in their children’s lives. Unfortunately, this is not always possible or practical. Still, it is something fathers should remember when fighting for their rights during a child custody case.
Boosting your chances of winning
If you’re a father going through a divorce or involved in a child custody battle, here are five ways you can improve your chances of winning custody of your children.
Get Involved in Your Children’s Lives as Much as Possible
One of the best ways to demonstrate to the court that you’re a competent and engaged parent is to ensure you’re involved in your children’s lives as much as possible. This means being engaged in their schoolwork, sports, and extracurricular activities. It also means spending quality time with them on a regular basis, whether it’s taking them to the park or just sitting down and reading with them before bed.
Demonstrate That You’re Willing to Cooperate With Your Ex
Another important factor the court will consider when making a child custody determination is whether you’re willing to cooperate with your ex. If you can show that you’re able to put your differences aside for the sake of your children and that you’re willing to co-parent with your ex, then you’ll improve your chances of winning custody.
Avoid Having Any Negative Information About You In the Court Record
When it comes to child custody battles, perception is often just as important as reality. If there’s negative information about you in the court record-such as allegations of abuse or drug use-it will likely be used against you by your ex’s attorney and could hurt your chances of winning custody.
The bottom line
Fathers have equal rights as mothers when it comes to child custody; however, they may have difficulty winning due to some underlying biases. Hiring an experienced lawyer is essential, as well as preparing evidence for why granting primary custody would be beneficial for not only yourself but also for the best interest of your child.
