How Fathers Can Gain Full Custody of Their Children

Family court judges are sworn to uphold the equal rights of both fathers and mothers. At the same time, they are charged with ensuring that their decisions err on the side of doing what's in the best interests of the child. While many judges take this responsibility to mean that it's best for both parents to share custody of a child as opposed to just one, there are some instances in which a judge may legitimately rule a dad is most fit to take care of his children alone.

To be prepared to battle your child's mother for full custody in court, you should first be armed with documentation proving your paternity of the child. This can be done by either showing that your name appears on your child's birth certificate or by making a public declaration of your role as father in open court.

Once paternity is established, you'll need to be able to set the scene so that the judge can better understand the extent of your relationship with your child. During custody proceedings, it's not all the uncommon that the judge may ask how often you see your child, how well you both get along with one another, and whether you're financially, mentally, and physically capable of taking care of them.

If your request to the judge seeks to have custody removed from the child's mother, you should be prepared to justify why the environment your child is subjected to with her is unstable or unsafe. If you want to procure sole custody or have visitation removed from her, you'll most likely need to produce evidence that your child is in danger, is being raised in an unhealthy environment or otherwise not being properly taken care of.

When it comes to custody matters, they can quickly become contentious. Judges tend to want to give both parents equal access to a child except in extenuating circumstances. Therefore, if your plan is to gain full custody of your child, you might be best served by working closely with a Naples family law attorney to give yourself the best chance for a successful outcome.

Source: The Spruce, "How can fathers get full custody?," Debrina Washington, accessed July 21, 2017