Divorce Father Custody

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The legal assumptions pertaining to divorce custody to fathers have witnessed several ups and downs in history. Prior to the 20^th century, a child was considered as a property of his/her father. According to the family laws, males were said to have control over the family matters. Further, when family courts were established, they began to prefer mothers for child upbringing. It was assumed that when the circumstances were normal, it was in the interest of the kids to award sole responsibility to the mother. Nowadays, the court aims at securing the best interests of the family. According to the family laws, it does not take into account the gender and relation of a parent while awarding a guardianship.

Factors that decide Divorce Custody to Father

There are several points that are pondered over before making a decision about a guardianship. Following are some of them:

• The family court takes into account the testimony of the child. However, if the baby is very young, special discretion is used. The age and maturity level of the kid will be taken into account while considering his/her opinion.
• The court appoints a psychologist, who evaluates the case and drafts a testimony. A third-party investigation is arranged to know the realities of a case.
• The psychologist makes a recommendation to the court after due consideration of the following points:
  • Personal behavior of all the family members.
  • The time allotted to each parent for upbringing.
  • The stability of the household
  • Past parenting history
  • Past incidences of neglect or abuse
  • Any other relevant factors

Advice regarding Divorce Custody to Father

It is believed that mothers have an advantage over family law system while applying for the legal rights of children. But, this is not true, as the court do not favor any party in this matter. Therefore, fathers have an equal opportunity to obtain guardianship rights. They are advised to make use of the below mentioned points:

• Selection of an attorney - It is important to choose an experienced and expert lawyer to represent a case. A prepared presentation of a case surely has better chances to get positive results.
• Techniques - There are some acts that can be used against the opposite party. A spouse can utilize such skills to make a powerful impact on a court proceeding.
• Adequate information - A person who wants to obtain legal guardianship should be able to produce all necessary documents and evidences. Therefore, he must collect the required information before the court case starts.
• Mental stability - It is necessary to keep control over your emotions and behave in a professional manner while dealing in the court. Any outburst or argument can go against the petitioner. It is advised to get mentally prepared for an ugly battle.

Some spouses chalk out the plan like - 'Let the mother be awarded full custody at present. After a couple of years pass by, I can apply for split parenting plan.' This idea rarely becomes successful. The reality is as follows - When a court works out an original proposal, the court becomes very reluctant to alter it in future. The reasons are that the court feels it would perturb the child and remove him/her from a stable home atmosphere. As a consequence, every successive battle is increasingly harder for the male spouse to win.

So, it would be beneficial if the original court order is in favor of father. If the disputes between couples are unresolvable, the court can order joint custody. It means the responsibilities and duties are to be shared between partners.

How Joint Custody is Helpful?

In the recent past, lawmakers and experts had concluded that equal or shared responsibility of the child is a worthwhile decision. The legal system realized that the child was in an optimum situation if it was in contact with both parents. It proves beneficial for the educational and personal development of a child. As a result, joint responsibility to both spouses gained importance. In about 20 percent of the cases, this sort of method is used.

In a joint agreement, a parenting plan is drafted. This comprises of the following:

• Whom the child would reside with?
• Which parent would make the major decisions that impact the life?
• Where a kid would spend the summers, holidays and weekends?
• Any other physical and legal issues.

It has been observed that many fathers accede with this type of parenting agreement. That helps them to retain regular contact with their kids. Therefore, it is better to compromise on a joint guardianship, if sole responsibility to father is denied by the court.

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