The rights of fathers when it comes to child custody have always had a stigma attached to them, making most people assume that mothers rights to child custody are automatic and that fathers rights are secondary. However, the fact is that there is not one state in the U.S. that mandates a mother receive more rights to custody than a father, though both historically and statistically, this would seem to be the case. If you are currently going through a divorce, or have a child outside of marriage and are considering requesting custody of your child, it’s imperative that you know every one of your rights according to the state you live in regarding the custody or placement of your child.
Why It is Assumed Mother's Have More Rights
There are a few reasons that it is often assumed that when two people are arguing for custody of a child or children, the mother always has the upper hand.
- Historically it was assumed that the mother would get custody of the children in divorce due to the fact that, in most cases, the mother was the caretaker or main care provider for the children while the family was in tact, while statistically the father was the one that worked and provided for the family.
- Because of this, most fathers assumed that they’d have no possibility of being granted custody, and most never even contest the issue.
- This, along with the fact that historically, fathers are not the party to ask for custody of the children in the courtroom, led to more mother's getting custody. Once this trend became prevalent, many father's likely began to believe that getting custody was impossible.
What to Do If You Want Custody
If you are considering fighting in court for custody of your child or children, unfortunately you may have to overcome more hurdles than a woman would, even though the state doesn’t have any laws stating that mothers have more rights than fathers do. The problem you are facing is history. Most courts take into consideration the ability of both parents to raise and care for a child, and unfortunately history points toward mothers as the better care providers. In fact, in order to gain custody of your children in court you may have to go as far as to prove the mother of your child is physically or mentally unfit to raise a child if you and your ex-spouse cannot reach an agreement for your children in a peaceful manner.
Getting Help
If you want to fight for custody of your children, you need to get help. A qualified divorce attorney can assist you in proving that you will be the best custody provider for your child so you can win your case during divorce litigation.
