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Who Gets Custody of a Child in Divorce?

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Child Custody in Divorce- It was once a presumed that children need to always stay with their mother after a divorce. A lot of states no longer respect that assumption, nevertheless. (Actually, many states have passed laws declaring that there is no custody inclination for women over men.)

In spite of this change, mothers are a lot more likely to get custody when parents’ get divorced. Laws differ from state to state as to what courts need to consider in deciding custody arrangements, but the general standard that is used today is the custody granted needs to be in the “child’s best interests.” Additionally, the elements courts consider in perceiving where these best interests are, are more potential to favor mothers, as a lot of marriages are established.

When parents can put resentment on the side lines, a lot of parents agree that their child’s best interests need to take precedence. However, when you are a divorcing father, you need to know some of the element’s courts generally consider in making this decision — and what steps you should take to show your parenting abilities. If you are attempting to attain sole-custody, joint-physical custody, and/or just the most plentiful visitation time with your child as you can, you are required to recognize what judges are going to examine when determining custody matters.

Is the Mother or the Father the Primary Care Giver?

Custody decisions often hinge on which parent has been the child’s primary caregiver. States may use terms like “primary caregiver” or refer to the parent better suited for the child’s needs. This standard assesses which parent has been more responsible for the child’s daily needs. Even in shared responsibilities, women are often more likely to be primary caregivers. Regardless of past involvement, it’s crucial to start taking on these responsibilities for the well-being of your child and for court considerations in custody determinations.

Parent-Child Bond

Courts consider parent-child relationships in custody decisions, acknowledging that younger children often have stronger bonds with mothers due to traditional caregiving roles. Mothers typically provide care from infancy, creating a unique bond. However, a father’s involvement deepens the bond. To secure joint custody, fathers should actively provide the necessary support and care for their young children.

Relationship With the Other Parent

Many states presume children benefit from meaningful relationships with both parents. Courts consider if a parent fosters a strong parent-child bond. Deliberate interference with the child’s relationship with the other parent negatively affects custody chances, except for valid reasons like abuse.

Remaining civil and respectful to your spouse, especially in front of the children, improves custody prospects. Experts suggest that children of divorce fare better when parents avoid using them as pawns and instead encourage positive relationships with both parents. This approach benefits children and enhances your position in court.

Getting Legal Help

A dad seeking joint or primary custody post-divorce should consult a family law attorney. They can explain the court’s custody factors, helping demonstrate your suitability. Laws and judge preferences differ by state, requiring a knowledgeable local attorney who understands your court’s tendencies. They can guide you in building a robust custody case and assist in negotiating a settlement with your spouse.

Source:

  1. Nolo. (2016, July 12). Divorce for men: Why do women get child custody more often? Retrieved June 02, 2021, from https://www.divorcenet.com/resources/divorce/for-men/divorce-for-men-why-women-get-child-custody-over-80-time

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