There have long been problems with judges favouring the mother in a custody battle, often leaving dads to make do with visitation or contact. But times are changing, and the courts are increasingly listening to both sides. As a result, when dads can put forth a case that their children would be better off having contact with both parents, a judge will often agree with them which means that a father winning custody of children is no longer just a pipe dream.
Gone are the days when a dad can assume that the mum will win custody. So if you’re heading towards divorce and want to ensure you get fair treatment, consider the following when preparing to discuss custody arrangements. You don’t have to be resigned to video-calling your kids after divorce.
Why would a dad seek custody?
There are typically only two situations where a dad would seek sole custody in family law. If they believe the children will be happier living with their dad, or if there are genuine welfare concerns for leaving the children with their mother.
If the dad can prove that the children would be at risk if they remain in the full-time care of the mum, then the judge will act in the best interests of the children giving a greater chance of a father winning custody of children. In today’s world, there is no reason that the dad cannot be the primary caregiver.
Why does it matter who has custody?
It’s common for divorced parents to agree to split custody informally. This might start with the dad only seeing their children every other weekend and progress into alternating between the parent’s homes week after week. The parenting plan will impact how much child support one parent receives. If there is equal custody, no child support is due.
If you cannot agree on certain things, it’s possible to ask the courts to intervene. For example, if one parent wants the child to attend a particular school and the other parent disagrees, it’s possible to ask the courts to grant a Prohibited Steps Order.
Is it common for a dad to seek full custody?
It’s less common for the dad to seek full custody, but equal custody arrangements are far more common than they once were. If the children would be better off spending time with both parents, a judge will want to make sure you can maintain a relationship with the children. Joint physical custody will usually mean that the kids spend equal time living with each parent.
Fathers need to stand up and fight for their rights, as they are not always granted without a request. Custody arrangements need to be decided before a divorce can be finalised. Still, it is possible to return to the courts later to request changes to the custody arrangement.
If you feel that your custody arrangement is not an accurate reflection of how your children spend their time, it’s possible to request the courts update your custody arrangement.
For example, if the custody arrangement says that you see them two days a week, but you are splitting custody, you should apply to update the custody arrangement. This will help to prevent the other parent from revoking access in the future.
What determines the custody decision?
The courts will determine custody based on what is best for the children. They will also factor in both parents’ ability to provide a stable and loving home for a child. For example, if one parent travels a lot for work, they may want to know how this will be managed.
Older children may also have a say in where they want to spend their time. But, ultimately, it’s about what is best for the children, and the courts generally agree that it is always best for children to have contact with both parents. So if you are heading for divorce and want to fight for equal custody, there is no reason to believe you won’t be successful. A father winning custody of children may be less common but not entirely impossible.
People photo created by freepik – www.freepik.com
If you enjoyed this post, please consider supporting this site by buying us a virtual coffee.
