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CUSTODY FOR FATHERS

Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.

This paradigm of thought shifted again after experts and lawmakers discovered that custody for fathers was worthy of equal credence. The legal system began to understand that, in many cases, children benefited most from having both parents in their lives growing up. Many family courts still hold the belief, however, that the primary caregiver during a marriage should remain the primary caregiver after a divorce.

As a result of this view on custody for fathers and mothers, moms are still awarded custody in seventy percent of all child custody cases. Joint custody for fathers and mothers is awarded about twenty percent of the time. Family law statistics show that sole custody for fathers is awarded less than ten percent of the time. Statistics from 1991 indicate that forty percent of all child custody cases allowed no custody for fathers, barring them from both visitation and access rights.

Currently, family law judges will award custody rights contingent with the best interest of the children involved. Sole or joint child custody for fathers will be awarded when a judge determined that the child would benefit most from that type of custody arrangement. Joint custody for fathers and mothers allows each parent to share rights and responsibility for the child(ren) as set forth in a parenting plan. A parenting plan will detail the rights of each parent with regards to who will make the major decisions affecting the child, who the child will live with, where the child will spend his/her weekends, holidays, summers, etc, and other legal and physical custody issues.

There are a number of factors that the family court will evaluate to determine custody for fathers and mothers. The family court will often hear the testimony of children at any age, though special discretion is applied when younger children are involved. In addition to the wishes of the child the court will often entertain testimony from a psychologist who has evaluated the child custody case. This expert will base the recommendation on any or all of the following: history of abuse or neglect, past parenting history, household stability, time available to dedicate to raising a child, personal behaviors, and other relevant factors.

Custody for fathers can be an uphill battle when the family court system automatically favors maternal custody rights. To locate a divorce lawyer in your metro area click into your state below.

To learn more about custody for fathers, you may wish to contact us to speak with an experienced attorney. This expert can evaluate your case to find the best way to protect and maximize your interests in a child custody case.

More information on custody:

Issues Regarding Child Custody


Child Custody Rights

Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.

Custody for Fathers

Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.

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