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Child Custody for Fathers

Experienced Lawyer

Divorce is hard. Divorce with kids is even harder. As a father facing a custody battle, you will need a support team. Reach out to friends, family and other divorced dads to get support and learn from them about their own custody situation. Additionally, you will need a capable attorney on your side.

You may be wondering how difficult it is for a father to get custody and so many other things. Family court judges have the best interests of the children at heart. While they aren’t supposed to discriminate against fathers or mothers based on gender, it can happen. That’s why it’s more important than ever for you to have a competent, knowledgeable attorney on your side.

See below for some of the most frequently asked questions by father’s who find themselves in a custody dispute.

  • Can fathers get custody of their children?: Absolutely. Historically there was a perceived bias toward the mother as being a better, more nurturing choice for primary custody, but now in more recent times, it has been much more common for family court judges to award joint custody or, in certain situations, even primary custody to a father.

  • How do the courts decide custody?: Judges weigh a lot of factors in custody decisions. The mandate of family court is to arrange custody in such a way that it meets the best interests of the child, so the child can flourish and grow. Today’s family court judges realize the value of having both parents as involved as possible.

  • What can I do to show I am a good dad?: Be actively involved in your kid’s life. Show up to their sports, know their teachers, attend doctor visits, etc. Remain civil with your ex-wife, do not badmouth her to your kids, friends or family, and keep any interactions positive. If you have a documented history of alcohol, drug, anger issues, etc, get treatment. Judges are more lenient on parents who are making forward progress to fix their vices.

  • Do my kids have a say in which parent they live with?: Judges will often consider a child’s wishes in the quest to find the best situation for the child. Some states laws designate a certain age that children can decide. Speak to a local attorney to learn more about the laws in your state.

  • What if we aren’t married?: Technically, father’s don’t have parental rights until they establish paternity. Some fathers do this at the hospital when the baby is born, but there are other ways if your kids are older. As in all types of custody cases, the court seeks to serve the best interests of the child and it’s possible for unmarried fathers to gain custody of their children. Every situation is different, and in cases such as this, having a knowledgeable attorney is paramount.

There are so many factors the court will weigh about which parent should be awarded child custody. In order to achieve the best custody situation for your child and you, it is crucial for you to find a family lawyer  on your side as soon as possible.


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