Rights of the Father: Do Mothers Always Get Primary Child Custody?

Child hugging fatherWhen talking about the rights of parents and child custody, fathers usually fear discrimination or bias because in most cases, the mother gets custody of the child. But is this really true or just an antiquated view that needs to stop now?

To answer this question, let’s look at how this belief started and the stand of the court on the matter.

Can a Father Get Primary Child Custody?

Traditionally, fathers were the sole breadwinners of the family, while mothers stayed home and cared for the children. In those days, if the couple decides to separate or divorce, courts leaned towards giving custody to mothers since they were the ones that are with the children 24/7, while fathers were out working.

These days, however, fathers could be granted joint child custody, even primary custody. The reason for this is that courts now place the child’s best interests above all when it comes to determining who should get custody.

Although some courts still tend to favor mothers in child custody cases, they would still take into account the particular circumstances of the child custody case, especially if there are allegations of neglect or abuse. You can get help from an experienced child custody lawyer in Denver such as Lewis & Matthews, P.C.

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In general, courts would evaluate the following factors to determine who gets custody:

  • The relationship of each parent with the child;
  • The ability of each parent to provide financial support for the child;
  • How both parents communicate;
  • The specific needs of the child; and
  • Other factors as deemed relevant by the court in making the decision.

If You Suspect Discrimination

While it’s true that many fathers might face biases during child custody battles, if you’re concerned that you might be one of them, consider the following tips:

  • Get an experienced lawyer on your side that truly believe that you are as qualified to care for your child as the mother is.
  • If possible, communicate with the mother, particularly if you’re seeking joint custody.
  • Make a parenting plan that would be fair to everyone involved.
  • Provide proof that you have an established and beneficial relationship with your child.

It’s likewise important to note that you have the legal right to request changes in your child custody agreement if you feel that your current arrangement isn’t working out for you, or if it unfairly favors your child’s mother.

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