How does a father win a custody battle?

Answer 1

If he is a married father, and nothing has been filed with the court, he has equal access to the child(ren), but he needs to begin preparing for a custody challenge. Also, if nothing has been filed, if he gets possession, he can file for temporary custody. Preparation are similar to what a single father needs to do. Except in the state of Arizona, single fathers have NO RIGHTS to the children. See the link below to learn what a single father needs to do to establish his rights.

Answer 2

Fathers should be on equal footing with Mothers in a custody battle. However, many courts still favor the Mother, particularly with young children and infants.

I have been practicing family law, specializing in fathers rights for over 30 years. What I can tell you is that you have plenty of rights in a custody battle and should aggressively assert them. If you think just "being a good dad" will get you there, you will be very disappointed with the outcome of your action.

I tell fathers to begin the custody battle seeking as much time with their children as they feel is in the children's best interests - depending upon the age of the child and the father's relationship.

You can seek anything from sole custody, to primary custody, to joint custody or liberal visitation rights. Whatever situation you feel is best for your children.

Every child custody study shows that children become much better adults if they have regular, continuous and healthy contact with their Father. So for your kids sake, take every action possible to assert all of your rights as a Dad from the very beginning of a custody battle.

I suggest that Dads read as much as they can about winning custody as early in their action as possible. Mothers, not only often have the prejudice of the court on their side, they also tend to be more prepared and better able to communicate.

So learn how to win and get prepared if you really want to maximize your time with your children. There are plenty of books on winning custody on the internet. Just be certain that the author is an attorney with plenty of litigation experience in child custody. Those books by other dads or counselors are nice, however they have not had the experience of thousands of custody cases and what it takes to win "within the system."

Another Perspective

Up to and through the early twentieth century fathers were typically favored for child custody if the marriage ended. That custom gradually changed since the courts had to acknowledge that the mother was the primary care giver and she should keep raising the children in their tender years. That presumption gave way to the best interest of the child doctrine in the 1970s. It is a fact of family life that mothers usually provide the day to day, primary care of their children even if they work outside the home. It should be remembered that shared parenting is the best possible solution to a divorce. Fighting over custody often has other motivations at its root such as wanting to hurt the other parent, wanting to maintain control and wanting to avoid paying child support. The mother is often the target in custody battles and they set the stage for years of legal wrangling.

Courts 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. It is also true that many fathers take an active role in raising their children. If the father was the primary caregiver then he should be considered primary custody since caregiving should be the main qualification for awarding physical custody along with a healthy environment, stability and safety.

You need to be able to show that you were the one who provided day to day care for your child including such tasks as the following:

• 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.

Answer 3

By convincing the judge it would be in the best interests of the child to reside with him.

An attorney would help guide you through the minefield of a custody battle.