It’s common for fathers going through a divorce or separation to want to have primary custody of their children, but to believe that it is simply not possible. It is important for all fathers to know that it is unlawful for there to be a bias toward a mother or a father of a child simply because of their gender. All custody decisions made in the court must be decided based on the best interests of the child, and nothing else.
Therefore, if you are a father and you believe that you can show that having primary custody of your child would be in his or her best interests, it is entirely possible that you will be successful in your claim. It is important to understand the factors that are considered when making these custody decisions.
Who has been the primary caregiver previously?
The child custody courts aim to keep the child’s life as similar as possible before, during and after the divorce process. Therefore, if one parent has acted as the primary caregiver before separation, it is likely that the courts will rule that this parent should continue to act as the primary caregiver going forward.
Who is the most able parent?
If it has been established that one parent poses a risk to the child in question, they will have very limited custody. Therefore, if you can prove that you are a loving, consistent and dependable parent, you may be able to attain primary custody.
If you are filing for primary custody as a father, it is important to prepare a compelling legal case.