Find out what child rights you have as a custody father and how to get them. Historically, fathers automatically custody of their children because it was all about economics. They were an integral part of providing for the family so fathers needed them to help tend to the farm and/or hunting.
However, once mothers started to demand their rights be acknowledged, as the primary caregiver, this all changed in the early 1960s. And since then, they have been given preference in custody battles.
In fact, some mothers go so far as to not allow them to see their children once there is a divorce or break up with their partner. Although there has been a shift in the depth of fathers’ rights, mothers still operate with the mindset of possessing their kids.
It’s because of this thinking, that many fathers tend to give up very early on, choosing not to engage in what they believe is an uphill battle. Fathers have equal rights to their children, in theory at least, giving them the authority to keep their children from their mothers too.
The legal term for a parent having the legal right to have their child live with them and/or the right to make major decisions for them is termed differently according to the state. Physical or residential custody also referred to as conservatorship, parental responsibility, refers to which parent the child lives with. Legal custody covers the parent’s authority to make decisions with respect to medical, school, and religion (in some instances).
Sole custody or full custody refers to the parent the child lives with most of the time while having access or visitation with the other parent.
Shared or 50-50 custody refers to situations where the child spends an almost equal amount of time or equal amount of time living with each parent.
Joint custody usually refers to instances where each parent has equal authority to make decisions with respect to medical, education, and religion.
Who is More Likely to Get Custody?
While there are more and more cases where custody fathers get sole or full custody or sole custody, it is can still be an exhausting feat oftentimes. It’s important to get the right legal advice on (a) learning strategy for full custody and (b) what it means to take full responsibility.
As opposed to mothers, where more than 60% of mothers get sole or full custody no matter what the circumstances.
There was a time when it was assumed that children should always remain with their mother in a divorce or breakup, under the Tender Years Doctrine, that is no longer the case. Again, in theory, dads have an equal shot, but in practice, this is not how it plays out. However, the majority of nations no longer adhere to this presupposition.
Although the factors that courts must examine when deciding custody arrangements vary from state to state, the underlying principles are still the same. It is the child’s safety and well-being that will be the focus of any court determination.
Custody mother rights are not a thing, in theory anyway, since the Tender Years Doctrine was abolished in the 1980s. However, the judges tend to still view mothers as the primary caregiver by deciding the best interests factor in their favor.
To date, mothers are far more likely to be awarded custody, no matter how “unfit” they are, than the most “fit” fathers. Mothers usually allege some sort of abuse, domestic or substance, to support their claim. This only serves to solidify their position in Family Court.
The way you prepare your custody case depends on several factors. But the one most critical aspect to keep in mind is whether you are the father suing for custody or defending a custody case.