Make sure you hire a family attorney who specializes in helping fathers handle such cases and understands what it takes to win full custody. But, with changing attitudes toward child custody fathers are still likely to gain at least 50/50 custody if they are willing to fight for it. If you are involved in a contested custody battle, you will most likely have to work with a Guardian ad Litem or a Custody Evaluator; it is also possible that you will have to have a hearing or trial. In a typical child custody battle, a mother has a higher chance of winning than a father. If the father has been an absent and inactive parent, he loses. The law also prohibits awarding custody to the mother without thorough consideration of the fitness of both parents. Call for a free consultation +1-512-212-4840, Call for a free consultation | +1-512-212-4840, On behalf of McNutt Law Firm PLLC | Dec 19, 2017 | Child Custody |. Failing to remit child support funds consistently and on time can be interpreted as a lack of interest to care for your kid. In order to prevail in receiving full custody of the children, a … Perhaps, the most important thing you need to know is that respect is critical, especially when you are involved in a viciously contested custody battle. More than likely, even a successful bid by a father would result in liberal visitation by the mother unless the circumstances make it harmful to the children. If you find it challenging to keep up with the payment, don’t be afraid to request for an adjustment but don’t default. Parents interested in obtaining sole or "full" custody often end up in court, engaged in a difficult battle because neither party is willing to compromise to reach an agreement. While a father can win child custody of his kids, the battle is never easy. In some states, this is referred to as the tender years doctrine. In order to accomplish that task, it would help to know what factors the court considers. Unfortunately, things rarely work in favor of fathers. After all, it is the strong relationship you build with them that can help you win the custody battle. Any lies you present will come back and be used against you in court. In most cases, judges in divorce cases rule that a mother will enjoy custody of the children after divorce/separation and that the father will be guaranteed reasonable visitation. However, things are changing, and the rights of fathers have been increasing over time. The relationship you have with the kid will be one of the most critical factors in granting or denying you full custody. If the woman is the primary parent, handling school, doctor appointments and extracurriculars, she’s more likely to win. That’s where we are in custody battles. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, In today’s world, more fathers win child custody battles, Tips for divorced parents around the holidays, Co-parenting when your ex-spouse isn’t willing to cooperate, Divorce and your future finances: Answer these questions, Grandparent adoption: a necessary step sometimes. Interestingly, judges are slowly starting to recognize that a father’s desire to continue playing a role in the lives of his children may well extend beyond weekend visits. In fact, you should be prepared to answer a few questions regarding your relationship with the child during custody proceedings. It only makes sense that mothers who have a closer bond due to the time spent caring for a child be the one more likely to obtain custody during a divorce. Once, there was a policy of ensuring that the mother always received custody, called the “tender years” doctrine, which assumed that young children needed to be with their mothers in their early, developmental years. Sometimes, finding the soft spot in your ex-wife’s heart might be the best way of winning custody, given that mothers always want the best for their kids. When you understand that their efforts to control the situation and hurt you are a symptom of their sickness, it can become easier to deal with. The answer to this question is pretty straightforward. In such cases, the court ultimately determines who will prevail, and the outcomes can be surprising—in part because there's a higher burden of proof for the parent seeking sole custody. In most cases, a judge will inquire into each parent’s personal relationship with the kid before awarding custody rights. In cases where the father has been involved and committed, his odds are as good as hers. Fortunately, that bias is fading away, and even though most courts would prefer parents to share custody these days, more fathers win child custody battles than at any other time. How to Win a Custody Battle. Never come up with unfounded allegations of abuse or exaggerate your ex's shortcomings in order to win custody. A key aspect of winning your child custody battle is working with an experienced family attorney. Although in the past decade there has been an increase in equal residential custody, mothers are still much more likely to be awarded primary residential care. The stigma of dads being seen as the bad guys in a divorce has left many good men on the wrong side of child custody battles. You will want to have documents and evidence of your claims. More and more fathers are filing for full custody of their kids in divorce cases. 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