Traditionally, courts have favored mothers when a divorce involves child custody. While many couples agree on sole custody going to the mother, it’s not always the best option.
Every situation is different. Sometimes a marriage ends in an ugly divorce proceeding with both parents fighting for child custody and marital assets. Other times couples come to a peaceful resolution.
Regardless of the circumstances of your divorce, you have equal rights as a father. However, you still need to educate yourself.
If you’ve been asking yourself, “How can a father get full custody of his child,” keep reading. We’re breaking down some key information you need to know.
Understanding the Different Types of Custody
Before the legal process begins, it’s important you understand the different types of child custody situations.
Sole legal custody means you’re the primary decision maker when it comes to your child’s well-being. This involves providing moral direction and making decisions regarding education and healthcare.
Sole physical custody entails that your child lives with you exclusively. You’re responsible for supervising your child and providing day-to-day care.
A judge may grant one or both of these forms of custody to one parent. They may also grant joint custody, in which you and the mother share these responsibilities.
It’s important you think about how each type of custody arrangement will affect your life. More importantly, it’s crucial you think about what arrangement is in the best interest of your child.
Hire an Experienced Attorney
Whether you’re trying to win custody during the initial divorce proceeding or fighting for custody well after the divorce, you need to hire an attorney. Make sure you work with someone who has experience with fathers’ rights cases.
Firms like Verhaeghe Law Office provide a wide range of family law services and have likely seen many types of scenarios.
A custody battle has the potential of getting heated. It also requires your attorney to form a strategy and piece together a solid argument on your behalf. It’s up to you to provide them with as much information as possible.
Let your attorney know upfront if there’s anything your spouse could use against you. This allows them to prepare a good counter-argument.
If your divorce happened years ago and you feel it’s time to get full custody, your attorney needs to know why. Is the child’s mother no longer providing an appropriate environment? Or, has your child expressed an interest in coming to live with you?
Try Mediation First
If possible, try to come to a custody agreement by using mediation instead of going to court. Mediation is the process by which you and your spouse negotiate the terms of your divorce peacefully.
Of course, not all divorces can end via mediation. It requires both parties to remain calm and form a strong line of communication.
When negotiating for full custody, it’s important you show your spouse exactly why your child would benefit from living with you. It’s also important you work with them regarding a visitation schedule. Consider working out a joint custody agreement where the child lives with you but goes to stay with his or her mother every other weekend.
Because custody laws vary from state to state, you’ll still need an attorney to assist in the mediation. They can help guide you and your spouse to a suitable resolution.
What if the Mother Isn’t Fit to Care for the Child?
If you feel your spouse isn’t fit to be your child’s sole provider, it’s important you and your attorney present this to the judge. In this situation, you need to fight for sole legal and physical custody.
If the child shows signs of abuse, it’s important you document everything. You should also make sure and gather any police reports to show the mother’s home is an unsafe environment.
Another sign the mother isn’t fit for custody is if they’re having trouble with alcohol or drug abuse. You’ll need to show evidence of a problem.
Other issues could involve financial hardships. If you can show that your child support payments aren’t going to your child’s well-being, you may be able to win full custody.
If the mother has a history of mental health issues, she may not be able to keep up with your child’s needs. In this case, a judge will most likely award you with sole custody
A Guardian Ad Litem
During your divorce proceeding, you and your attorney may want to request a guardian ad litem. This is a neutral party who will evaluate your child’s home life and determine which parent will provide the best environment.
A guardian ad litem is usually a social worker who has experience working with kids. They’ll talk to your child about their living conditions and may even speak with other parties involved in the divorce.
Before you request a guardian ad litem, you need to make sure you have a solid case. If you know for a fact the child’s mother isn’t providing a healthy environment, it may help you win full custody.
Be a Good Father
If you plan on fighting for sole custody of your child, it’s crucial you exhibit good parenting qualities.
If you’re already divorced, make sure you pay child support in full and on time every month. This is imperative if you want to gain full custody.
You should also be able to show you’re involved in your child’s life. This means attending school functions, birthday parties, and sports events.
It’s important you do everything you can to maintain a respectful relationship with your child’s mother. This shows you’ve put the divorce behind you and only care about your child’s well-being.
Showing you’re a great father and that you’re fully prepared for the commitment will help convince your child’s mother it’s time for them to live with you.
How Can a Father Get Full Custody of His Child? Follow this Advice
Divorce is a traumatic event, but it doesn’t mean you’re not still a great parent. As a father, you deserve to play an integral role in your child’s development.
If you were asking yourself, “How can a father get full custody of his child,” we hope this advice helps.
Check out more articles on being the best father you can be.
