Divorce Guide

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Divorce and Father Custody


Before the twentieth century, it was almost assumed that in a child custody case after a divorce, it is the mother who gets the custody of keeping the child, and the father at the most ends up getting visitation rights and pays for child support. However, things soon began to change after the Fathers’ Rights Movement happened and father custody became a reality.

What is Fathers’ Rights Movement?

Fathers who felt that they were being treated unfairly as a result of a biased mother custody ruling awarded by the court launched the Fathers’ Rights Movements. The following were the points that the movement wished to drive:
  • Role of father equally important

    In child custody cases, earlier it was assumed that as the primary caretaker is the mother of the child, hence, the custody automatically gets awarded to her. This movement drove the point that father also plays an important role in the raising up of the child. Hence, joint custody was an idea which this movement proposed.

  • Highlighted that fathers tend to be losers in a “traditional custody” ruling

    The idea was to highlight the capability of the father to obtain child custody after the divorce. The traditional mindset was considered to be obsolete and the prejudiced view of the law regarding father being awarded child custody was shown to the courts and the society.
As a result, now the courts are made to disregard gender of the divorced parents while giving the verdict on child custody. Both the parents have equal scope of being awarded the custody of their child, of course depending upon the strength of their cases. The ultimate aim of the court is :the best interests of the child should be taken care of.

How to win the child custody when you are the father?

More than anything else, the father should ask himself, if he can play the role of the “primary caretaker” of the child so that he can get the physical custody of the child. Being the primary care taker, he needs to be involved with the grooming, dressing up the child, planning meals for the child, take care of the overall health of the child and finally, be involved in educating the child also.

If a father can establish the fact that the custodian mother is somehow unfit for raising the child, the court may award the child custody onto the father. Fathers who also suffer from being treated badly by their ex-spouse during visitations and hence, realize that their parental rights are being violated, can file a case to the court. Courts can not tolerate violation of visitation and other related custodian rights. The chances of winning the child custody by the father tends to increase then.

Unwed fathers

In the case of unwed fathers, they may get child custody if they can prove the incapability of the mother on grounds of child neglect, abuse, being on drugs etc.

With more and more men realizing the worth of parenting and the role they have in raising up children, father child custody after a divorce is indeed a significant issue. Through sole or joint custody and major visitation rights they may enjoy the responsibility of being a good father.


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