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Fathers and Custody Rights

Strategies to Assist A Father Secure Full Custody Rights

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Question: I am a single dad, and I want to secure full custody of my child. However, I don't know much about fathers and custody rights. Can you tell me whether full custody for fathers is possible?

Although, it's preferable for parents to share custody of a child, there are situations where the courts would consider granting full custody to one parent. In addition, the courts are not permitted to show any bias against fathers. However, you should be prepared for a challenging child custody battle if the child's mother is also planning to file for full custody.

Know the Difference Between Full Custody and Joint Custody

Full custody is often referred to as sole custody. Parents who want to win full custody rights should understand the differences between full custody and joint custody. Ultimately, a court prefers to award parents joint custody of a child. In a joint custody arrangement, parents share physical and/or legal custody of a child; whereas in a full custody arrangement, one parent has sole responsibility for a child.

Factors Considered By the Courts When Granting Full Custody Rights

A parent who wants to win full custody rights should know what to expect prior to a court proceeding. A court will consider the following factors in determining which parent should win full custody rights:

  • Paternity: A father who is interested in obtaining full custody of a child should have acknowledged paternity of the child. A father may acknowledge paternity by signing the child's birth certificate or by acknowledging paternity during a paternity proceeding in court.

  • Father's relationship with the child: A judge will inquire into the parent's relationship with the child, prior to awarding full custody rights. A parent should be prepared to respond to questions regarding his relationship with the child during a child custody proceeding. A judge will also ask about past regular visitation.

  • Child's relationship with his/her mother: A court will be reluctant to interrupt a child custody arrangement that seems to be working, especially if the child's mother is the primary caretaker of the child. For example, a court would consider altering a custody arrangement if the child is in danger. For example, if the child's mother has a mental illness or if the child's mother is using drugs. A father who wants full custody of a child should be prepared to present evidence that a change in circumstances warrants a complete change in custody.

A father who wants to win full custody rights of a child should be aware that courts will often offer generous visitation rights to the child's mother, as a relationship with both parents is considered to be in the child's best interests. For more information about winning full custody rights, parents should refer to the child custody laws of his/her state and additional references about how to win child custody.

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