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About the only way a Father can obtain legal custody of his children is if the Mother is deemed unfit or mentally unable to take care of the children. Unfit meaning she is negligent or abusing drugs or alcohol. If she is drinking or using drugs it has to be proven and this is very hard to prove this unless court tests are ordered. How ever if the children are old enough (most states is 12) to make their own decisions on whom they would like to live with then the courts will take this in to consideration, but they the children will need a lawyer and the courts usually appoint one for them. Good Luck in your quest

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7y ago
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7y ago


It is a frequent complaint that mothers are favored in custody arrangements. However, the reality is that generally speaking, mothers are the ones who provide the day to day care for their children, even if they also work outside the home. Judges are aware of that fact. If you want custody, it is important that you are able to show that you shared in the day to day care for your child including such tasks as the following and that the children would be better off living with you:

  • You fed, bathed and put the child to bed.
  • You got the child ready for school, packed their lunch and got them to school or to the bus.
  • You attended all the school conferences, plays, etc.
  • You brought the child to the doctor and dentist visits and stayed home with them when they were sick.
  • You brought them to school events, sports, birthday parties, play dates, extra curricular activities.
  • You took the child shopping for clothes.
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Q: How can a father legally have custody of his children if the legal system favors the mother?
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