Fathers and Child Custody

Can a Father Obtain Sole Custody of Their Child?

Given the number of divorces occurring today and the number of families with children, it is not out of the question that a parent will go through a custody dispute.  Custody disputes have the potential for becoming some of the most bitter court battles that arise from a marriage. Obviously if husband and a wife are going through a divorce, it will benefit them and their children immensely to resolve as much as possible without having to go to Court.  The main way this is done is via an agreement, but that is not always possible.  When a custody dispute does arise, if there is one child and both the mother and father are seeking custody it is apparent that for a sole custody arrangement to be granted, only one parent can have custody.

So the question that arises for the fathers in such a situation is, “Can a father prevail in a custody dispute over a mother?”  The answer is yes; however, where one father may gain custody, another may not.  The reason comes in understanding the different factors a Court may examine in determining the issue of custody and how you can make the best of your situation if you are in a custody dispute.

First, it is necessary to understand some of the background in the area of custodial disputes.  It was not to long ago that some states had legislation that gave the mother a presumption in custody disputes; however, this is largely a thing of the past.  Today, most states us the approach of determining what is in the best interest of the child and many courts attempt to maximize each parent’s time with their children. The concept of best interest of the child is easily stated, but in application, understanding it is somewhat more complicated.  If there is a dispute as to custody, then this determination will have to be made.  So, this brings us back to the initial question – “Is it possible for a father to gain custody of his child or children?”  As I said, the answer is yes and to do so, it must be shown that the best interest of the child will be best served by the father having custody.