Many men take an active role in raising their children. If the father was the primary caregiver then he should be considered for primary physical custody since caregiving should be one of the the main qualifications for awarding physical custody along with health, safety and stability. The father would need to convince the judge that the children would be better off with him. That may mean providing evidence to the court that the mother is unfit to have custody. It is extremely important for the father to have a lawyer who specializes in custody issues.
Judges know 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. You need to be able to show that you provided much of the day to day care for your children including such tasks as the following:
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
The father was awarded custody of his children.
You have the visitation rights that were established in the divorce, and you have no custody rights.
Guardianship, not custody
see your other question
the biological father is next of kin
Most often the mother. JK Rowlin got custody there than took the children to England to keep the father from getting access rights.
If she has custody of the kids. Legal custody.
You petition the court. They are the ones who grant you all types of custody.
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
yes
The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.