If a parent has shown little interest in their child and has failed to maintain contact with them, you may want sole custody so the parent can't resurface years later to exercise custody rights as a virtual stranger.
In this case, you may want to seek sole custody, and the other parent can have visits with the child after their release from prison, if appropriate. Don't feel obligated to take your child to visit a parent in prison if you feel it may harm the child emotionally. Most courts start with an assumption that children benefit from spending time with both parents. However, they know joint custody is not appropriate in every situation. If you and the other parent agree on sole custody, the judge will typically approve your agreement.
If the other parent does not contest your request for sole custody, the lack of interest will typically compel a judge to award sole custody. If the other parent decides to fight for custody, you may face a long battle. Abuse, past convictions, and drug problems are all things that could limit how much custody a court would give the mother. If the child is old enough to make a sound judgment or decision, the court will take into account their wishes.
A father may be able to get full custody if the child expresses their wish to live with the father because they have a stronger relationship with him. Be wary of parental alienation. If this is shown in court, the judge is likely to side with the victimized parent on custody decisions.
Save my name, email, and website in this browser for the next time I comment. Skip to content. Apply Now. Leave a Comment Cancel reply Save my name, email, and website in this browser for the next time I comment. Share Our Blog. Follow Us On Twitter. Many other states expressly allow courts to order joint custody, even if one parent objects to such an arrangement. In the past, many states provided that the court should order the custody of young children five and under to the mother. Today, however, most states and courts have either rejected this preference entirely or relegated it to tiebreakers' role if two equally fit parents request custody of their preschool children.
Today, no state requires that a judge award a child to the mother without regard to both parents' fitness. Instead, most states now require the court to determine custody based solely on what's in the children's best interests, without regard to the parent's gender. If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you might be on equal footing when it comes to who is better situated to have physical custody.
In fact, if you have more flexible hours than the mother, you might have an advantage. In any event, the judge will look at what's best for the children. So if you think that you should have primary custody and that you can persuade the judge that it's in the kids' best interests, you should go ahead and ask for custody.
If you present yourself as willing and able to parent, it will go a long way toward eliminating any lingering prejudice against you as a father.
As it turns out, many divorcing parents will work together to determine what's best for the child after they separate or divorce. For example, some couples might agree that a mother will have custody and that the father will have reasonable visitation because the mother has more time, a greater inclination, or a better understanding of the child's daily needs. Judges usually approve any custody agreements entered into by divorcing parents unless they are not in the best interests of the child.
It can. Even when a parent leaves to avoid a dangerous or highly unpleasant situation such as domestic violence , if the parent hopes to have physical custody later, it's unwise to leave the child behind without a firm, written agreement between the parents stating that the arrangement is temporary. Otherwise, the court might interpret the parent's move as a message to the court that the other parent is better suited to have permanent physical custody of the child. Also, if the children stay in the home where the parents lived as a family, continue in the same school, and participate in their usual activities after a parent moves out, a judge might be reluctant to change physical custody.
Any further change might be viewed by the court as an unnecessary disruption in the children's routines. Suppose a parent must leave the familial home but wants to be the children's primary physical custodian. If the parents don't have an agreement that the move is temporary and won't affect permanent custody, the moving parent should take the children along and, as quickly as possible, file a motion request in family court for temporary custody and child support orders.
If the parent who moves out doesn't file quickly, the other parent might go to court first and allege that the children were wrongfully taken. Family law judges frown on a parent who removes the children from home without seeking the court's recognition.
A judge might order that the parent return the children to the family home, pending future proceedings to determine physical custody. Generally, the court will consider a parent's sexual orientation only if it negatively impacts the child.
For example, suppose a child's parent enters into an abusive relationship with a same-sex partner, causing the child to experience domestic violence that requires frequent moves between homes, hospitalizations, or police intervention.
In that case, the court is less likely to award custody to that parent. Compile intelligent responses to potential questions that are asked by a judge. For example, a judge may ask questions about living accommodations, the child's education including after-school activities , and financial preparedness. Be ready to answer each of them thoroughly and honestly. Speak to others who have been through the child custody process. They can offer insight and let you know what to expect. But remember that everyone's experience is unique.
Try your best to separate the emotional aspects of their stories from the facts. It's easy for someone else's fear or anxiety to ratchet up your own, which can negatively and unnecessarily cloud your judgement. In addition to making sure you can take care of a child's basic and practical needs, the court will look for evidence of a meaningful relationship.
While you may feel a strong connection with your child, the judge is looking for objective expressions of that as well. Whether you are petitioning the court for full or joint custody , continue to make regular child support payments.
You will want to make sure you have a good track record when you enter the process. If you are struggling to make payments, you can request a modification. But, you shouldn't attempt to get full custody just to eliminate paying child support. You also may want to consider whether or not you will request child support from the other parent if you are awarded full custody.
Having an accurate record of your visitation schedule is an important part of trying to win child custody. Visitation records not only show how often you see your children under the current arrangements, but they also demonstrate your reliability and commitment to your kids. If you and your ex-partner currently have a parenting plan that was submitted to the court when child custody was originally discussed, then be sure you are honoring the visitation arrangements in that plan.
And, if your ex-partner is not honoring those arrangements, or if they are keeping you from your kids, document that too. One way to keep track of your visitations is to use a calendar or a child custody app. Look for apps that include a time and date stamp as these are considered reliable pieces of evidence in court and lend credibility to your argument. A court will ask about adequate living accommodations during all hearings about child custody.
Even if you live in a small space, you should make a special place in your home for your child. The judge will want to ensure:.
0コメント