Is There Any Chance a Father Can Get Full Custody of His Kids?

 Posted on June 30, 2022 in Child Custody and Visitation

father sole child custody lawyerIn times past, fathers rarely received full custody of their children. Using the “tender years” doctrine, courts all across America would almost always give mothers primary custody, and fathers would often be left with visitation on weekends and some holidays. Even when the mother was clearly not capable of providing the children with a safe home, fathers often had to fight to get custody of their kids, and they rarely succeeded. 

In recent years, this has begun to change. American courts and cultural institutions now recognize the crucial influence that fathers play in their children’s lives. Unfortunately, getting to this point took many years of families being torn apart and children suffering without the guidance and love of their fathers. Fortunately, things do not have to be this way for modern fathers who are looking to protect their parental rights. 

Joint Custody Is the Ideal

Although courts recognize the importance of fatherhood, they strive to maintain a balance between divorced or unmarried parents so children will have the best opportunity to have a close relationship with both parents. Many states now begin the custody process with the assumption that joint custody is in the best interest of the children. This assumption must be overcome by providing convincing evidence that it would not be best for parents to share custody of their children. 

Parents are generally encouraged to work together to create a parenting agreement that is acceptable to both parents and puts a child’s interests first. However, when this is not possible because of violence, abuse, neglect, or other issues, fathers may be able to get full custody if they can make a convincing case that it would be in their child’s best interests. 

How Can Fathers Get Full Custody? 

Although a court giving one parent full custody of a child is rare, it can happen. Experts who counsel fathers seeking full custody make the following suggestions: 

  • Understand the serious commitment that full custody entails and make sure you are doing it for the right reasons.

  • Do not assume that having money will make the job of full-time parenting easier.

  • Make sure you have your paperwork in order and hire a great attorney.

  • Play an active role in your child’s daily life.

  • Do not talk poorly about your spouse to your child or on social media.

  • Be prepared to self-promote your parenting skills.

  • Have credible witnesses who can testify about your situation.

Schedule a Consultation with a Local Fathers’ Rights Attorney

Your relationship with your children is one of the most important things in your - and their - life. What happens in their formative years can have an impact on your relationship with them throughout the rest of their lives. If you need to fight for your right to have a healthy, loving relationship with your children protected by a legally enforceable parenting agreement, find a child custody attorney in your area. 


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