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What are the Chances of a Father Getting Full Custody?

A man and a little girl running joyfully on the sandy beach.

Full Custody, can the father get it? The question of what parent has the likelihood of getting custody is an ever changing one. At one time, there was a policy of guaranteeing that the mother always got custody, known as the “tender years” belief, in which presumed that younger children should be with their mothers in their early, developmental years. But nowadays, the courts and lawmakers have come to the realization that the mother is not always best suited to provide safe and healthy surroundings for children.

Now, courts ask which parent is more likely to offer safe and stable surroundings for the case. To find out which parent is most likely to offer what is in the child best interest, the court will inquire about:

What parent is more financially and physically capable of providing for a child’s basics, like food, medical care, shelter, and clothing?

What is the physical and mental health background of each of the parents?

What is the child’s age, what is the condition of the child’s physical and/or mental health, and (when older) will the child prefer one parent over the other?

What do the parents do for work? What are their personal habits, equally good and bad (such as cleanliness, health, alcohol consumption, violent history)?

Does the child have an especially strong emotional bond with one of their parents? How likely is that parent to encourage an emotional bond among the child and their other parent?

Is the child going to have to adjust to a new school, city, standard of living, and friends when residing with one parent as opposed to the other?

What are the desires of each parent?

Parental Misconduct: False or Malevolent Child Abuse Charges

The court assesses if one parent has falsely accused the other of child abuse or if there’s malicious intent behind such charges.

Desertion: Did One Parent Walk Out on the Children?

Another critical factor is whether one parent has abandoned the children, as it significantly influences custody decisions.

Motivation for Custody: Genuine Concern or Animosity?

The court examines if the request for full custody is driven by a genuine desire to spend time with the child or if it’s rooted in animosity towards the other parent.

Custody Determination: Gender-Neutral Questions

The court, emphasizing gender neutrality, weighs the responses to these questions to decide primary custody and appropriate visitation.

Unconscious Biases: Addressing Preconceived Notions

Despite legal gender neutrality, there may still be biases. Some judges may hold preconceived notions favoring mothers in nurturing roles, but fathers have the right to challenge for full custody.

Modern Trends: Shared Custody and Geographic Considerations

Current trends often favor shared custody, where the child spends part of the week with each parent. Geographic proximity plays a role, but creative arrangements, like extended stays during breaks, are considered.

Legal Assistance: Navigating Custody Challenges

Seeking legal counsel is crucial when pursuing custody. An attorney helps avoid legal pitfalls, guides through the process, and strengthens your case for custody.

 

Source:

  1. Who is More Likely to Get Custody a Mother or a Father. Retrieved February 01, 2021, from https://www.hg.org/legal-articles/who-is-more-likely-to-get-custody-a-mother-or-a-father-31386

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