A fathers custody rights are just the same as a mothers custody rights, despite possibly contradictory beliefs. Although historically mothers were primarily awarded custody of the kids, this wasn't because of any bias in the law or any preference for mom. In fact, under the law, the sex of the parent is not even considered as a factor when determining a custody arrangement.
Understanding a Fathers Custody Rights
Most experts agree that children do better when they have both parents in their lives and child custody rights aim to allow a child this. If you go to court and have a judge decide custody, then whenever possible, the judge is going to try to ensure that the child is able to see both parents regularly and that both parents will be involved in the child's life. The court will consider a number of factors, all of which are designed to help the judge determine what is in the child's best interests. These factors may include:
- Who has been primarily responsible for taking care of the child over the course of his or her life
- Who can provide a strong, solid and stable home environment for the child
- Who is more likely to be present and available to the child
- Whether there are any extenuating circumstances that make one parent unfit to have custody, such as abuse, neglect, mental illness or addiction
The court will also sometimes permit the child to speak if he or she is old enough, or will appoint a guardian ad litem (an independent and neutral third party to speak for the child).
Based on its review, the court can decide on either:
- Joint custody: You and your spouse will share access to the child, and the child will split his time somewhat equally between each of you
- Primary custody: One of the two parents will have primary access to the child and the child will live with him or her most of the time. The other parent will visit on a set schedule
- Sole custody: One parent is deprived of access to the child, usually because of abuse or neglect, and the other parent is the full time caregiver.
This means that as a father, you have the right under the law to have at least visitation or shared access to your child, unless there is some circumstance that convinces the court it is not in the child's best interests to see you.
Getting Help
If you want to convince the court that you should have joint or primary custody, you need to get a lawyer. Your attorney can help you to make a convincing case to the judge that you are the better parent and that your child will fare better and have a better life if he resides with you.
