Fathers & Child Custody Rights

On our sister website, Dearesq.com, fathers often ask whether or not they will be granted custody of their children upon the dissolution of their marriage. Under most circumstances, yes – a father will be awarded some form of custody.

A few key things to remember during your dissolution is to try and work out a custody arrangement with your former spouse in lieu of having the court make the decision.

If you struggle to come to an agreement with your former spouse, you should consider hiring a mediator to help guide the both of you to a resolution. A mediator is less expensive than an attorney and is often used to defuse combative/hostile circumstances.

Finally, if you are unable to come to an agreement, you can request a child custody hearing. During the hearing the court will consider what is in the best interest of your children when deciding custody:

The child’s age, sex, and mental and physical health

The parent’s mental and physical health

The parent’s lifestyle and other social factors, including whether the child is exposed to second-hand smoke and whether there is any history of child abuse

The emotional bond between parent and child, as well as the parent’s ability to give the child guidance

The parent’s ability to provide the child with food, shelter, clothing, and medical care

The child’s established living pattern (school, home, community, religious institution)

The quality of the child’s education in the current situation

The impact on the child of changing the status quo, and

The child’s preference, if the child is above a certain age (usually about 12)