There was a time when family court judges automatically ruled in favor of the mother. While vestiges of this default primary custody bias may still be felt in some areas of the country, the tide is turning. More and more, courts of law no longer presume that mothers are more fit parents than fathers. In fact, the odds of a dad being able to prove that the child’s best bet for a full, safe and healthy life is for him to be the custodial parent is higher than ever. There are even states that have passed laws indicating that mothers will not be given preferential treatment in custodial disputes.
While times are changing, the reality is still that mothers are more likely to get custody of minor children. As a divorcing dad, your best bet in a custody hearing is to know some of the factors that judges commonly consider in making decisions. There are also steps you can take to outline why you are the better parent.
Factors in Awarding Custody
The first factor the courts look at is which parent is the primary caregiver. The term “primary caregiver” essentially refers to the parent who is best able to meet the child’s needs, who accepts the most parental responsibility and who has a history of primarily cared for the child. Which parent meets the child’s most basic needs? Who handles the feeding, doctor appointments, bedtime stories and bath time fun. Historically, women, even when they work full-time, are much more likely to take on the primary caregiver roles. So start taking on as many of these tasks as you’re able. The court will take into account your history of performing such tasks.
The second factor is the parent-child bond. What is your relationship with your child? Does your child miss you when you’re away? Have you spent time building a relationship with him or her.
They younger the child is the more strong the mother-child bond may be. This does not negate your effectiveness as a father, but it’s a result of more traditional parenting roles. Because mothers are conventionally the parent that primarily cares for the child from infancy to preschool, the closeness that develops is a different sort of bond than the one that is created between father and child. The more involved you have been in the rearing of a young child, the closer your overall bond will be.
In a lot of jurisdictions, many courts presume that kids will be kept emotionally whole and healthy by having a meaningful relationship with both parents. One of the primary factors taken under consideration is which parent is more likely to foster a healthy relationship between the children and the other parent. Any parent who has attempted to commit parental alienation — such as poisoning the child against the other parent, or refusing access to the child — will not fare well in any family court. And there are other extenuating circumstances, such as allegations of child abuse and instances of domestic violence, of course.
Try To Get Along With Your Ex
If there is any way that you can maintain a civil or even amiable relationship with your ex, it can only help your custody and visitation chances. Maintaining this type of relationship, especially in front of your children, will only help them in the long run. It’s a well-documented fact that kids who come from divorced homes fare much better if they are not used as weapons of manipulation. Allow your kids to maintain a positive, healthy relationship with both parents. Speak only positively of your ex. Not only will it help you in court, but it really is what’s best for your children.
Consider a Fathers Rights Attorney
If you’re hoping to be the custodial parent of your child, the best course of action is to first consult a family law attorney with experience in Fathers Rights. Because laws differ from state to state and family courts can be as unpredictable as the judges who preside over them, your attorney’s insight can become the most valuable tool you have at your disposal. He or she will have some insight into how certain judges will react in any given situation, and how they may lean in custody disputes. They can help you to build the strongest case possible.
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