As a father, if you desire to obtain custody of your child, you must follow both court procedures and meet statutory requirements pursuant to the family laws in force in all states, according to the American Bar Association Section of Family Law. Custody can be established through negotiations with your spouse, mediation or order of the court.
History
Until the later part of the 20th century, a preference for awarding child custody to mothers existed in the laws and practices of the United States. Since that time, an ever increasing number of fathers enjoy joint and even sole custody of their children, according to Child Custody Fathers. In fact, since 1995 a 15 percent increase in the number of fathers with sole custody occurred.
Motion for Custody
The process of awarding a father custody begins with the filing of a motion for custody with the court where a divorce, legal separation or paternity case pends. The motion sets forth that the child's best interests will be served by granting custody to the father.
Best Interests of Child
Demonstrating that custody with the father is in the best interests of the child includes a consideration of a variety of factors, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. These factors include a contention that the father historically was the primary caretaker of the child, that the father maintains a residence suitable for the child's upbringing, and that the father's physical and mental health is suitable to caring for a child.
Mediation
A court can order mediation in a case in which child custody is disputed, according to the American Bar Association Section of Family Law. Therefore, if you desire to obtain custody as a father, you may have to proceed through a mediation process. A professional mediator assigned by the court meets with you and your wife to guide you toward an agreement regarding custody issues. Typically you meet with a mediator several times before reaching a conclusion of the process. If no agreement is reached, the decision regarding custody rests with the judge.
Court Hearing
Barring a settlement--directly with your spouse or via mediation--the court conducts a hearing on custody. During such a proceeding, you present evidence in the form of testimony and documentation to support your claim that you are the parent in the best position to assume custody of your child.
Expert Assistance
Custody law and court procedures are complex matters. Therefore, upon finding yourself involved in a custody case, consider seriously retaining the services of an experienced attorney. State and local bar associations maintain directories of attorneys in different practice areas, including those who specialize in divorce and custody matters. Contact information for these organizations is available from the American Bar Association.
References
- Child Custody Fathers: Child Custody for Fathers
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
