What the Court Considers When Determining Custody
If you believe your children are better off with you than their mother, you can fight for full custody. It is true that most court rulings side with the mother, but every situation is unique, and no one knows your situation better than you. Our child custody attorneys can help you build a case that highlights the reasons you should get custody of your children.
When the court is determining if the father should get full custody, they will consider the following factors:
- Paternity: A signed birth certificate or acknowledgement of paternity is imperative in establishing full custody.
- Father-child relationship: The court will examine the relationship the father has with his children. Be prepared to answer any question about your children or your current visitation.
- Mother-child relationship: The relationship with the mother is extremely important in this kind of case and most courts will need to see proof that the child is in danger or that the mother is unable to take care of the children for some reason, such as drug use, mental disability or mental illness.
Obstacles Fathers Might Face
Whenever possible, the court will work to have both parents in a child’s life. With this in mind, your fight for full custody may include some obstacles, such as finding solutions to common arguments against full custody for fathers including:
- Complications with work schedules: If you work full-time, or more than full-time, you have to be prepared to explain your child-care plans for before and after school or for non-school age children. If your child is an infant, will you have paid-leave or time off to take full responsibility for your baby?
- Lack of community support: Understand that there is often backlash and a lack of peer support for fathers who have custody. Full-custody fathers may be alone on the playground or may be surrounded by mothers, some of whom may even question the situation. Finding a peer group of other men may prove difficult but is very beneficial in being able to discuss common struggles, victories and experiences.
- Filling both roles: You’ll be the stable father and mother for your children, so you will need to prepare for both roles. Having answers to this argument will show that you have considered all angles and what is to come for your children as they grow up.
By being aware of common arguments against full-time custody for fathers, you can be ready with solutions.
San Diego Child Custody Attorneys Helping You Fight for Your Kids
Fighting for full custody may be an uphill battle, but when it comes to your children, no fight is too much. You know what is best for your kids, so when you are ready to seek full custody, we are here to help. We will work with you to prepare a solid case and help you anticipate common questions the court may ask. Our children are the future, so let’s work together to give them the best upbringing possible.
Contact our team today to discuss your child custody case. Call (858) 943-2060.
