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Do Fathers Have Custody Rights?

fathers rightsParents: Have any of you parents found yourself with your foot shoved far into your mouth? Yeah, so has every other person at one point in time. But trips to the playground seem to coincide with sudden cravings for the taste of feet. The huddle of parents watching their children play is a breeding ground for innocent-enough small talk, until one person makes the assumption that the divorced father just has visitation.

Each person in the group suddenly is interested in the look of their shoes, eyes widen, and lips slowly are pressed into a thin line. If the seemingly-innocent comment was fresh of your lips, your eyes mirror the apology currently flowing from your mouth.

The Truth About Father Custodians

If the father had heard this before, and is aware of the statistics, they probably were not too offended. After all, the 2009 U.S. census reports only about 17.8% of fathers gain full custody rights of the children after a divorce. It was just your luck that you bumped into the 1 father out of 6 who was the custodial parent. But, if you are the father fighting for custody, don’t let past statistics guide your choice to fight the good custodial fight.

Historically, fathers were the preferred custodian of any children in a divorce or marital split (which we discussed at length in a previous blog); but at the turn of the century, mothers became the championed custodial parents. Ever since the switch in child custody doctrines (read the blog and you’ll understand), the number of custodial mothers have all but stomped out the number of custodial fathers.

In custody battles, fathers may dejectedly say or think, “What’s the point of fighting for custody? The courts never favor the father.” But we are here to say, “Buck up, soldier. These days, fathers have just as many rights to custody as mothers.”

Fighting the Good Fight

We don’t normally endorse any kind of animosity or battling, but when a child’s true best interests are at stake, we fully support fighting the good fight. And besides, single fatherhood is quickly gaining momentum in American society.

In 1993, Indiana became the first American state to pass a child custody law in favor of joint parenting plans. Since then, the other U.S. states have passed similar custody laws championing joint parenting plans. As a result, the amount of single fathers grew by 37.9 percent between the years of 1990 and 2000; the rate continued to increase by 27.3% between the years of 2000 and 2010.

The Pen is Mightier

Although the world we live in might seem to enjoy horrific wars, the pen really is mightier than the sword; this is true especially during a custody battle. Nowadays, courts are focusing more on the best interests of the child, instead of the genders of the parents and child involved.

The courts generally consider the best interests of the child to be factors like:

  • maintaining the same standard of living

  • living in a stable, familiar environment

  • living with the parent who cared and provided for the child on a daily basis

If the father provide examples of all the factors above (and the other state-specific requirements), then he has a good chance of gaining custody. However, don’t take our word as divorce law. If you’re embroiled in a heated custody battle, you should probably seek legal guidance.

We try our best to be helpful and informative at, but we can’t cover everything without hearing from you. If you have a question or comment, let us know in the comment box below. We’ll do our best to get you the best information available.

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