What are the chances of a father getting full custody? Custody is an incredibly contentious topic, even among lawyers and courts. When it comes to deciding which parent receives primary custody of a child, there are so many factors at play that the final decision can seem almost impossibly complex.
One question that arises often in these cases is what chance does a father have at getting full custody? In this blog post, we’ll explore the legal landscape surrounding parental rights and try to understand how custodianship decisions are made by looking into recent case law developments.
We’ll evaluate various scenarios and examine specific considerations for fathers seeking full custody so you can gain clarity on your options going forward. Keep on reading for what are the chances of a father getting full custody.
Mothers’ Rights vs. Fathers’ Rights
As a parent, the court will recognize your legal rights to custody provided they deem you as the child’s legitimate guardian.
As soon as a mother gives birth, she becomes the child’s legal guardian no matter her marital status. However, unmarried fathers must first prove they are biological parents before seeking full custody of their child. If paternity is unknown in many states, you won’t be able to pursue any form of a custody case – making it essential that you secure proof of your fatherhood beforehand.
Gender discrimination has no place in the court system, but mothers are more often seen as a child’s primary caregiver. When fathers enter custody battles, they must demonstrate their capability and commitment as parents for any chance at success. The best-interest of the child standard is powerful evidence that proves parental fitness.
Keep on reading for What are the chances of a father getting full custody.
What Are The Chances of A Father Getting Full Custody
1-Prepare a parenting plan
Dads, moms – if you’re in the midst of a custody battle, it’s beneficial for both parties to create a parenting plan. With authentication from the court, this plan will be your official final custody order.
If the mother is willing to sign a plan that gives you full custody, then you can avoid an expensive trial and save yourself thousands of dollars. On the other hand, if she isn’t cooperative with full custody arrangements, consider settling for joint custody in your agreement as it’s likely what would be awarded by the court anyways when two qualified parents are vying for legal guardianship.
If you find it difficult to negotiate a parenting plan, there are other dispute resolution options that may be more beneficial such as mediation; where an impartial third party will assist in finding common ground.
When neither of you can come up with a suitable parenting agreement, filing your proposal through court is the ideal way to demonstrate how prepared and determined you are regarding parenting duties and visitation schedules.
2-Establish and maintain a relationship with your child
Courts consider the relationship between the parent and child when awarding custody. If a father can prove he has nurtured a consistent, meaningful bond with their child, they stand a better chance at gaining full custody.
A father is advised to take an active role in planning out what’s best for the child’s emotional, physical and educational growth, and document their role in the child’s life through pictures, emails or what have you. Fathers should also proactively address any issues that may arise between themselves and their kids to demonstrate a commitment towards parenting duties.
By showcasing your ability as a caretaker, what kind of father-child relationship you’ve maintained (financial support and emotional stability) as well as what kind of environment their child will be living in (affluent or unsafe neighborhood), you can increase your chances of receiving full custody.
3-Establish paternity of the child
The mother’s consent is usually sufficient when establishing paternity. If the mother contests this, however, you may need to provide proof of fatherhood like DNA or blood tests. Establishing legal paternity also gives fathers certain rights such as visitation and custody that they otherwise wouldn’t have if they were an unmarried parent.
4-Prove your financial support and love care for children
Courts will likely favor whoever can provide the most stable home environment for the child. This includes evaluating what type of financial support each parent can offer and what kind of care they have provided in the past.
Fathers should keep detailed records of any money, resources or time spent on their children to prove their commitment as a parent. Keeping track of what kind of activities you have engaged in with your child and what measures you take to ensure their safety is also important.
5-Prepare a stable home environment
It is essential to demonstrate the court that your child will have a safe and secure home. To achieve this, you must create a suitable bedroom for them and take pictures to prove it in court. If you are expecting an infant or toddler, don’t forget to install safety measures around your house as well!
6-Keep and assemble records of visitations
Schedule time to spend with your child and document any evidence that the mother denies visits, such as text messages. It is essential to keep a record of this proof in order to protect and preserve your relationship with your child.
Moreover, other pieces of evidence can also be important for you in the custody case. Therefore, don’t forget to learn how to gather evidence to win over the case.
7-Be kind to your ex-partner
Although it can be hard to remain civil with your ex-spouse, it is important to keep a positive attitude when interacting with them. Demonstrating your willingness to cooperate and compromise will help the court determine what is best for the child.
FAQs
Who often gets custody the most?
Traditionally, female parents have been granted more custody time than male parents. However, in the last two decades, there has been an upward trend of fathers obtaining full or joint-custody of their children. From 16% in 1994 to 20.1% in 2018, it is clear that this trend is continuing and will likely shape the future of family law for years to come!
Can mothers deny a father access?
Fathers possess an equal right to bond with their child as mothers do, and any attempts to legally obstruct the father’s contact would be unlawful unless it is deemed that future visitations may risk a potential harm towards the kid.
Why do courts normally favor mothers?
The days of women obtaining preferential custody rights by law have become a thing of the past. Now, judges take into account a number of factors when determining what is in the best interest for children, disregarding gender altogether.
Understandably, many people still believe that courts favor mothers over fathers because this was once true and has been exaggerated through media sensationalism; however, it’s simply no longer accurate today.
Has a mother got more rights than a father in a custody?
Despite being a widespread notion, mothers do not possess more rights than fathers when it comes to parenting. If both parents have parental responsibility for their children, then they are considered as having equal rights and responsibilities.
Conclusion
What are the chances of a father getting full custody? While the odds may seem slim, there are steps you can take to improve your chances.
By establishing legal paternity, proving financial support and love care for children, creating a stable home environment, keeping and assembling records of visitations, and being kind to your ex-partner, you can increase the likelihood of a court’s decision in your favor.
Ultimately, what is best for the child will be what the court takes into most consideration when deciding on custody. By taking these steps, you can ensure that you are doing everything you can to win over the case and make sure what is best for your child.
